E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, OCTOBER 5, 1999 No. 133 Senate The Senate met at 9:30 a.m. and was SCHEDULE If Congress does not reauthorize the called to order by the President pro Mr. MCCAIN. Mr. President, today Airport Improvement Program (AIP), tempore [Mr. THURMOND]. the Senate will resume consideration the Federal Aviation Administration of the pending amendments to the FAA (FAA) will be prohibited from issuing PRAYER bill. Senators should be aware that much needed grants to airports in every state, regardless of whether or The Chaplain, Dr. Lloyd John rollcall votes are possible today prior not funds have been appropriated. We Ogilvie, offered the following prayer: to the 12:30 recess in an attempt to have now entered fiscal year 2000, and Lord of all life, our prayer is like complete action on the bill by the end we cannot put off reauthorization of breathing. We breathe in Your Spirit of the day. As a reminder, first-degree the AIP. The program lapsed as of last and breathe out praise to You. Help us amendments to the bill must be filed to take a deep breath of Your love, Friday. Every day that goes by without by 10 a.m. today. As a further re- an AIP authorization is another day peace, and joy so that we will be re- minder, debate on three judicial nomi- freshed and ready for the day. that important projects cannot move nations took place last night and by ahead. Throughout the day, if we grow weary, previous consent there will be three If we fail to reauthorize this pro- give us a runner’s second wind of re- stacked votes on those nominations at gram, we may do significant harm to newed strength. What oxygen is to the 2:15 p.m. today. Following the comple- the transportation infrastructure of lungs, Your Spirit is to our souls. tion of the FAA bill, the Senate will re- our country. AIP grants play a critical Grant the Senators the rhythm of re- sume consideration of the Labor-HHS part of airport development. Without ceiving Your Spirit and leading with appropriations bill. these grants, important safety, secu- supernatural wisdom. In this quiet mo- I thank my colleagues for their at- rity, and capacity projects will be put ment, we join with them in asking You tention. at risk throughout the country. The to match the inflow of Your power with f types of safety projects that airports the outflow of energy for the pressures use AIP grants to fund include instru- of the day. So much depends on in- AIR TRANSPORTATION ment landing systems, runway light- spired leadership from the Senators at IMPROVEMENT ACT ing, and extensions of runway safety this strategic time. Grant each one The PRESIDING OFFICER. Under areas. what he or she needs to serve coura- the previous order, the Senate will re- But the bill does more than provide geously today. Thank You for a great sume consideration of the pending money. It also takes specific, proactive day lived for Your glory. You are our steps to improve aviation safety. For amendments to the FAA bill. Lord and Savior. Amen. example, S. 82 would require that cargo Pending: aircraft be equipped with instruments f Gorton Amendment No. 1892, to consoli- that warn of impending midair colli- date and revise provisions relating to slot rules for certain airports. sions. Passenger aircraft are already PLEDGE OF ALLEGIANCE Gorton (for Rockefeller/Gorton) Amend- equipped with collision avoidance equipment, which gives pilots ample The Honorable GEORGE ment No. 1893, to improve the efficiency of time to make evasive maneuvers. The VOINOVICH, a Senator from the State the air control system. Baucus Amendment No. 1898, to require the need for these devices was highlighted of Ohio, led the Pledge of Allegiance, reporting of the reasons for delays or can- a few months ago by a near-collision as follows: cellations in air flights. between two cargo aircraft over Kan- I pledge allegiance to the Flag of the Mr. MCCAIN. Mr. President, I am sas. Unfortunately, that was not an United States of America, and to the Repub- sorry that I was not here yesterday isolated incident. lic for which it stands, one nation under God, when the debate began. Nevertheless, I On the aviation safety front, the bill indivisible, with liberty and justice for all. rise in support of S. 82, the Air Trans- also: provides explicit AIP funding eli- f portation Improvement Act. As every- gibility for the installation of inte- one should be aware, this is ‘‘must- grated inpavement lighting systems, pass’’ legislation that includes numer- and other runway incursion prevention RECOGNITION OF THE ACTING ous provisions to maintain and im- devices, requires more types of fixed- MAJORITY LEADER prove the safety, security and capacity wing aircraft in air commerce to be The PRESIDING OFFICER (Mr. of our nation’s airports and airways. equipped with emergency locator VOINOVICH). The Senator from Furthermore, this bill would make transmitters by 2002, provides broader is recognized. great strides in enhancing competition authority to the FAA to determine Mr. MCCAIN. I thank the Chair. in the industry. what circumstances warrant a criminal

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S11891

. S11892 CONGRESSIONAL RECORD — SENATE October 5, 1999 history record check for persons per- including data captured by flight data low. Airfares at these airports continue forming security screening of pas- recorders. Information about errors is to be consistently higher than other sengers and cargo, reauthorizes the shared to focus on situations in which airports of comparable size. aviation insurance program, also hardware, air traffic control proce- It does not take a trained economist known as war risk insurance. This pro- dures, or company practices create haz- to figure that out. If you restrict the gram provides insurance for commer- ardous situations. number of flights, then obviously the cial aircraft that are operating in high It requires the FAA to study and pro- cost of those flights will go up. risk areas, such as countries at war or mote improved training in the human Additionally, the federal permimeter on the verge of war. Commercial insur- factors arena, including the develop- rule continues to prevent based ers usually will not provide coverage ment of specific training curricula. outside the perimeter from gaining for such operations, which are often re- It provides FAA whistleblowers who competitive access to Reagan National. quired to advance U.S. foreign policy uncover safety risks with the ability to This GAO report reinforces my view or to support our overseas national se- seek redress if they are subject to re- that the perimeter rule is a restrictive curity operations. The program expired taliation for their actions. and anti-competitive Federal regula- on August 6, 1999, and cannot be ex- The legislation provides employees of tion that prohibits airlines from flying tended without this authorization, airlines, and employees of airline con- the routes sought by their customers. gives the FAA the authority to fine un- tractors and subcontractors, with stat- According to testimony presented to ruly airline passengers who interfere utory whistleblower protections to fa- the Commerce Committee by the De- with the operation or safety of a civil cilitate their providing air safety infor- partment of Transportation, the perim- flight, up to $10,000 per violation, au- mation. eter rule is not needed for safety or thorizes $450,000 to address the problem These provisions will be critical in operational reasons. For that matter, of bird ingestions into aircraft engines, the continuing effort to enhance safety neither are slot controls. Therefore, authorizes $9.1 million over three years and reduce the accident rate. these restrictions simply are not war- for a safety and security management Of all the bills that the Senate may ranted. program to provide training for avia- consider this year, the Air Transpor- So long as the Federal Government tion safety personnel. The program tation Improvement Act should be maintains outdated unneeded restric- would concentrate on personnel from easy. This bill is substantially the tions, which favor established airlines countries that are not in compliance same as the Wendell H. Ford National over new entrants, deregulation will with international safety standards, Air Transportation System Improve- not be complete. Slot controls and the authorizes at least $30 million annually ment Act, which this body approved perimeter rule are Federal interference for the FAA to purchase precision in- last September by a vote of 92–1. If with the market’s ability to reflect strument landing systems (ILS) anything, this bill is better than last consumer preferences. We should not through its ILS inventory program, au- year’s. There is no rational reason why be in the position of choosing sides in thorizes at least $5 million for the FAA we can’t take care of this quickly. the marketplace. to carry out at least one project to test Because S. 82 is so similar to last With respect to Reagan National, I and evaluate innovative airport secu- year’s FAA reauthorization bill, I will would like to make one final point. rity systems and related technologies, skip a lengthy description of every pro- Just last month, the GAO came out including explosive detection systems vision, particularly those that have not with another study confirming that the in an airport environment, requires the changed. Nevertheless, I do want to re- airport is fully capable of handling FAA to maintain human weather ob- mind my colleagues of a few key items more flights without compromising servers to augment the services pro- in this legislation and describe what safety or creating significant aircraft vided by the Automated Surface Obser- has changed since last year. delays. The GAO also found that the vation System (ASOS) weather sta- The manager’s amendment to this proposal in this bill pertaining to pe- tions, at least until the FAA certifies bill, which is in the nature of a sub- rimeter rule would not significantly that the automated systems provide stitute, has at least three critical parts harm any of the other airports in this consistent reporting of changing mete- that are worth highlighting. First and region. I believe the GAO’s findings orological conditions, allows the FAA foremost, S. 82 reauthorizes the FAA demonstrated that there are no cred- to continue and expand its successful and the AIP through fiscal year 2002. ible arguments against the modest program of establishing consortia of Second, the bill contains essential pro- changes proposed in this bill. government and aviation industry rep- visions to promote a competitive avia- Although the reported version of S. resentatives at individual airports to tion industry. Third, it will protect the 82 increased the number of new oppor- provide advice on aviation security and environment in our national parks by tunities for service to Reagan National safety, requires that individuals be establishing a system for the manage- compared to last year’s bill, an amend- fined or imprisoned when they know- ment of commercial air tour over- ment that will be offered by Senators ingly pilot a commercial aircraft with- flights. With the help of my colleagues, GORTON and ROCKEFELLER will bring out a valid FAA certificate, requires I have worked long and hard on all of the total number of slot exemptions the FAA to consider the need for (1) these issues. back to the level approved by the Sen- improving runway safety areas, which The provisions in S. 82 that have gen- ate last year. It is sadly ironic that an are essentially runway extensions that erated the most discussion are the air- airport named for President Reagan, provide a landing cushion beyond the line competition provisions. As I have who stood for free markets and deregu- ends of runways; (2) requiring the in- said many times, the purpose of these lation, will continue to be burdened stallation of precision approach path provisions is to complete the deregula- with two forms of economic regula- indicators, which are visual vertical tion of our domestic aviation system tion—slots and a perimeter rule. But guidance landing systems for runways, for the benefit of consumers and com- some loosening of these unfair restric- prohibits any company or employee munities everywhere. According to the tions is better than the status quo, and that is convicted of an offense involv- General Accounting Office, there still so I will not oppose the amendment. ing counterfeit aviation parts from exist significant barriers to competi- Fortunately, the competition-related keeping or obtaining an FAA certifi- tion at several important airports in amendment being offered by Senator cate. Air carriers, repair stations, man- this country. These barriers include GORTON and others includes several sig- ufacturers, and any other FAA certifi- slot controls at O’Hare, nificant improvements to the reported cate holders would be prohibited from Reagan National, and LaGuardia and bill. Most notably, the slot controls at employing anyone convicted of an of- Kennedy in , and the Federal O’Hare, Kennedy, and LaGuardia air- fense involving counterfeit parts. perimeter rule at Reagan National. ports will eventually be eliminated. This bill requires the FAA to accel- In a recent study, the GAO found This is a remarkable win for consumers erate a rulemaking on Flight Oper- that the established airlines have ex- and a change that I endorse whole- ations Quality Assurance. FOQA is a panded their slot holdings a the four- heartedly. Furthermore, before the slot program under which airlines and their slot constrained airports, while the controls are lifted entirely, regional crews share operational information, share held by startup airlines remains jets, and new entrant air carriers will October 5, 1999 CONGRESSIONAL RECORD — SENATE S11893 have more opportunities to serve these the busiest day of the year in America. was no excuse for the treatment many airports. The typically low cost, low It is not a lot of fun. of those airline passengers received on fare new entrants will bring competi- I do a lot of flying, a great deal of that day and other passengers have re- tion to these restricted markets, which flying this year, more than I have in ceived in other airports around the will result in lower fares for travelers. previous years. I see the increase in country, only the examples were not as Travelers from small communities will delays, especially along the east coast egregious, nor did they get the wide- benefit from increased access to these corridor. I have seen when there is a spread publicity. crucial markets. little bit of bad weather our air traffic If you believe, as I do, if we continue I am not alone in believing that the control system becomes gridlocked and the economic prosperity that we have competition provisions in the bill are a hours and hours of delay ensue. These been enjoying in this country, we will big step forward for all Americans. delays are well documented. continue to see a dramatic and very Support for these competition-enhanc- The committee is going to have to significant increase in the use of the ing provisions is strong and wide- look at what we have done in the air airlines by American citizens, we have spread. I have heard from organizations traffic control system modernization major challenges ahead. as diverse as the Western Governor’s area. We are going to have to look at I do not pretend that this legislation Association of Attorneys General, the what they have not done. There are a addresses all of those challenges, but I Des Monies International Airport, and number of recommendations, some of do assert, unequivocally, that if we Midwest Express Airlines. All of them which we have acted on in this com- pass this legislation, pass it through support one or more of the provisions mittee, some of which we have not. But the body, get it to conference, and get that loosen or eliminate slot and pe- if we do not pass this legislation, then it out, we will make some significant rimeter rule restrictions. how can we move forward in aviation steps forward, including in the vital But it was a letter from just an aver- in this country? area of aviation safety. age citizen in Alexandria, VA that I believe any objective economist I again thank Senator GORTON and caught my attention. He said that he will assure all of us that deregulation Senator ROCKEFELLER for all their hard feels victimized by the artificial re- has led to increased competition and work on this issue. I remind my col- strictions placed on flights from lower fares. But some of that trend has leagues that in about 5 minutes, ac- Reagan National. His young family is leveled off of late because of a lack of cording to the unanimous consent living on one paycheck. He says that competition, because of a lack of abil- agreement, all relevant amendments his family budget does not allow them ity to enter the aviation industry. should be filed. the luxury of using Reagan National, This is disturbing to me because the Mr. President, I suggest the absence which is less than ten minutes from his one thing, it seems to me, we owe of a quorum. home. To him, using Reagan National Americans is an affordable way of get- The PRESIDING OFFICER. The seems to be ‘‘a privilege reserved for ting from one place to another; and clerk will call the roll. the wealthy and those on expense ac- more and more Americans, obviously, The bill clerk proceeded to call the counts.’’ For the sake of his privacy I are making use of the airlines. roll. will not mention his name, but this is I can give you a lot of anecdotal sto- Mr. MCCAIN. Mr. President, I ask precisely the type of person who de- ries about what the effective competi- unanimous consent that the order for serves the benefits of more competition tion is. For example, at Raleigh-Dur- the quorum call be rescinded. The PRESIDING OFFICER. Without at restricted airports like Reagan Na- ham Airport, when it was announced objection, it is so ordered. tional. that a new, low-cost airline was going Mr. MCCAIN. Mr. President, I ask In summary, this bill represents two to be operating out of that airport, the unanimous consent that notwith- years of work on a comprehensive day after the announcement, long be- standing the 10 a.m. filing requirement, package to promote aviation safety, fore the airline started its competition, it be in order for a managers’ amend- airport and air traffic control infra- the average fares dropped by 25 per- ment and, further, the majority and structure investment, and enhanced cent—a 25-percent drop in average air- minority leaders be allowed to offer competition in the airline industry. fares. We have to do whatever we can to en- one amendment each. Our air transportation system is essen- The PRESIDING OFFICER. Without courage the ability of new entrants to tial to the Nation’s well being. We objection, it is so ordered. come into the aviation business. My must not neglect its pressing needs. If Mr. MCCAIN. I suggest the absence of we fail to act, the FAA will be pre- greatest disappointment in deregula- a quorum. vented from addressing vital security tion of the airlines is that the phe- The PRESIDING OFFICER. The and safety needs in every State in the nomenon which was generated initially clerk will call the roll. Union. I urge all of my colleagues to has not remained nearly at the level we The legislative clerk proceeded to support swift passage of this legisla- would like to see it. call the roll. tion. There are problems many of my col- Ms. COLLINS. Mr. President, I ask I thank Senator HOLLINGS and his leagues, including the Senator from unanimous consent that the order for staff, Senator ROCKEFELLER, Senator West , have talked about at the quorum call be rescinded. GORTON, and all members of the Com- length—of rural areas not being able to The PRESIDING OFFICER. Without merce Committee who have taken a have just minimal air services. That is objection, it is so ordered. very active role in putting this legisla- why we are dramatically increasing the Ms. COLLINS. Mr. President, what is tion together. It is a significantly large authorization, so the pending business? piece of legislation reflecting a great that more rural areas can achieve it. The PRESIDING OFFICER. The deal of complexities associated with I also think it is very clear the air pending business is the Baucus amend- aviation and the importance of it. traffic control system is lagging far be- ment No. 1898. Approximately a year ago, a commis- hind. I think there is no doubt that we Ms. COLLINS. Mr. President, I ask sion that was mandated to be convened have had problems with passengers re- unanimous consent that the pending by legislation reported to the Congress ceiving fundamental courtesies and amendment be laid aside and that I be and the American people. Their find- rights which they deserve. That is why permitted to call up an amendment ings and recommendations were very there has been so much attention gen- that I have at the desk. disturbing. In summary, these very erated concerning the need for some The PRESIDING OFFICER. Without qualified individuals reported that un- fundamental, basic rights that pas- objection, it is so ordered. less we rapidly expand our aviation ca- sengers should have and receive from AMENDMENT NO. 1907 pability in America, every day, in the airlines. For example, the debacle (Purpose: To establish a commission to every major airport in America, is of last Christmas at Detroit should study the impact of deregulation of the going to be similar to the day before never be repeated in America, what air- airline industry on small town America) Thanksgiving. I do not know how many line passengers were subjected to on Ms. COLLINS. Mr. President, I send of my colleagues have had the oppor- that unhappy occasion. Yes, it was gen- an amendment to the desk and ask for tunity of being in a major airport on erated by bad weather, but, no, there its immediate consideration. S11894 CONGRESSIONAL RECORD — SENATE October 5, 1999 The PRESIDING OFFICER (Mr. (B) CONTENTS.—The Commission shall con- (B) COMPENSATION.—The Chairperson of the CRAPO). The clerk will report. duct a thorough study of the impacts of de- Commission may fix the compensation of the The legislative clerk read as follows: regulation of the airline industry of the executive director and other personnel with- United States on— out regard to the provisions of chapter 51 and The Senator from [Ms. COLLINS], for (i) the affordability, accessibility, avail- subchapter III of chapter 53 of title 5, United herself, Mr. BURNS, Mr. BAUCUS, Mr. ROBB, ability, and quality of air transportation, States Code, relating to classification of po- Mr. HOLLINGS, Mr. ROCKEFELLER, and Mr. particularly in small-sized and medium-sized sitions and General Schedule pay rates, ex- HARKIN, proposes an amendment numbered communities; cept that the rate of pay for the executive di- 1907. (ii) economic development and job cre- rector and other personnel may not exceed Ms. COLLINS. Mr. President, I ask ation, particularly in areas that are under- the rate payable for level V of the Executive unanimous consent that reading of the served by air carriers; Schedule under section 5316 of such title. amendment be dispensed with. (iii) the economic viability of small-sized (3) DETAIL OF GOVERNMENT EMPLOYEES.— The PRESIDING OFFICER. Without airports; and Any Federal Government employee may be objection, it is so ordered. (iv) the long-term configuration of the detailed to the Commission without reim- The amendment is as follows: United States passenger air transportation bursement, and such detail shall be without system. At the appropriate place insert the fol- interruption or loss of civil service status or (C) MEASUREMENT FACTORS.—In carrying lowing new section: privilege. out the study under this subsection, the (4) PROCUREMENT OF TEMPORARY AND INTER- SEC. ll01. AIRLINE DEREGULATION STUDY Commission shall develop measurement fac- MITTENT SERVICES.—The Chairperson of the COMMISSION. tors to analyze the quality of passenger air (a) ESTABLISHMENT OF COMMISSION.— Commission may procure temporary and transportation service provided by air car- intermittent services under section 3109(b) of (1) ESTABLISHMENT.—There is established a riers by identifying the factors that are gen- commission to be known as the Airline De- title 5, United States Code, at rates for indi- erally associated with quality passenger air viduals which do not exceed the daily equiva- regulation Study Commission (in this sec- transportation service. tion referred to as the ‘‘Commission’’). lent of the annual rate of basic pay pre- (D) BUSINESS AND LEISURE TRAVEL.—In con- (2) MEMBERSHIP.— scribed for level V of the Executive Schedule ducting measurements for an analysis of the under section 5316 of such title. (A) COMPOSITION.—Subject to subparagraph affordability of air travel, to the extent prac- (B), the Commission shall be composed of 15 (e) TERMINATION OF COMMISSION.—The Com- ticable, the Commission shall provide for ap- mission shall terminate 90 days after the members of whom— propriate control groups and comparisons date on which the Commission submits its (i) 5 shall be appointed by the President; with respect to business and leisure travel. report under subsection (b). (ii) 5 shall be appointed by the President (2) REPORT.—Not later than 1 year after (f) AUTHORIZATION OF APPROPRIATIONS.— pro tempore of the Senate, 3 upon the rec- the date of the enactment of this Act, the (1) IN GENERAL.—There is authorized to be ommendation of the Majority Leader, and 2 Commission shall submit an interim report appropriated $950,000 for fiscal year 2000 to upon the recommendation of the Minority to the President and Congress, and not later the Commission to carry out this section. Leader of the Senate; and than 18 months after the date of the enact- (2) AVAILABILITY.—Any sums appropriated (iii) 5 shall be appointed by the Speaker of ment of this Act, the Commission shall sub- pursuant to the authorization of appropria- the House of Representatives, 3 upon the mit a report to the President and Congress. tions in paragraph (1) shall remain available Speaker’s own initiative, and 2 upon the rec- Each such report shall contain a detailed until expended. ommendation of the Minority Leader of the statement of the findings and conclusions of Ms. COLLINS. Mr. President, I rise House of Representatives. the Commission, together with its rec- (B) MEMBERS FROM RURAL AREAS.— ommendations for such legislation and ad- today to offer an amendment to the (i) REQUIREMENT.—Of the individuals ap- ministrative actions as it considers appro- FAA reauthorization bill to establish pointed to the Commission under subpara- priate. an independent commission to thor- graph (A)— (c) POWERS OF THE COMMISSION.— oughly examine the impact of airline (I) one of the individuals appointed under (1) HEARINGS.—The Commission may hold deregulation on smalltown America. I clause (i) of that subparagraph shall be an such hearings, sit and act at such times and am very pleased to be joined in this ef- individual who resides in a rural area; and places, take such testimony, and receive fort by several cosponsors, including (II) two of the individuals appointed under such evidence as the Commission considers Senators ROCKEFELLER, BURNS, BAU- each of clauses (ii) and (iii) of that subpara- advisable to carry out the duties of the Com- graph shall be individuals who reside in a mission under this section. CUS, ROBB, HOLLINGS, and HARKIN. This amendment is modeled after a rural area. (2) INFORMATION FROM FEDERAL AGENCIES.— (ii) GEOGRAPHIC DISTRIBUTION.—The ap- The Commission shall consult with the bill I recently introduced that would pointment of individuals under subparagraph Comptroller General of the United States authorize a study into how airline de- (A) pursuant to the requirement in clause (i) and may secure directly from any Federal regulation has affected the economic of this subparagraph shall, to the maximum department or agency such information as development of smaller towns in Amer- extent practicable, be made so as to ensure the Commission considers necessary to carry ica, the quality and availability of air that a variety of geographic areas of the out the duties of the Commission under this transportation, particularly in rural country are represented in the membership section. Upon request of the Chairperson of areas of this country, and the long- of the Commission. the Commission, the head of such depart- term viability of local airports in (C) DATE.—The appointments of the mem- ment or agency shall furnish such informa- smaller communities and rural areas. bers of the Commission shall be made not tion to the Commission. For far too long, small communities later than 60 days after the date of the enact- (3) POSTAL SERVICES.—The Commission ment of this Act. may use the United States mails in the same throughout this Nation, from Bangor, (3) PERIOD OF APPOINTMENT; VACANCIES.— manner and under the same conditions as ME, to Billings, MT, to Bristol, TN, Members shall be appointed for the life of other departments and agencies of the Fed- have weathered the effects of airline the Commission. Any vacancy in the Com- eral Government. deregulation without adequately as- mission shall not affect its powers, but shall (4) GIFTS.—The Commission may accept, sessing how deregulation has affected be filled in the same manner as the original use, and dispose of gifts or donations of serv- their economic development, their appointment. ices or property. ability to create and attract new jobs, (4) INITIAL MEETING.—Not later than 30 (d) COMMISSION PERSONNEL MATTERS.— the quality and availability of air days after the date on which all members of (1) TRAVEL EXPENSES.—The members of the transportation for their residents, and Commission shall be allowed travel expenses, the Commission have been appointed, the the long-term viability of their local Commission shall hold its first meeting. including per diem in lieu of subsistence, at (5) MEETINGS.—The Commission shall meet rates authorized for employees of agencies airports. It is time to evaluate the ef- at the call of the Chairperson. under subchapter I of chapter 57 of title 5, fects of airline deregulation from this (6) QUORUM.—A majority of the members of United States Code, while away from their new perspective by looking at how it the Commission shall constitute a quorum, homes or regular places of business in the has affected the economies in small but a lesser number of members may hold performance of services for the Commission. towns and rural America. hearings. (2) STAFF.— Bangor, ME, where I live, is an excel- (7) CHAIRPERSON.—The Commission shall (A) IN GENERAL.—The Chairperson of the lent example of how airline deregula- select a Chairman and Vice Chairperson from Commission may, without regard to the civil tion can cause real problems for a among its members. service laws and regulations, appoint and smaller community. Bangor recently (b) DUTIES OF THE COMMISSION.— terminate an executive director and such learned it was going to lose the serv- (1) STUDY.— other additional personnel as may be nec- (A) DEFINITIONS.—In this subsection, the essary to enable the Commission to perform ices of . This fol- terms ‘air carrier’ and ‘air transportation’ its duties. The employment of an executive lows a pullout by Delta Airlines last have the meanings given those terms in sec- director shall be subject to confirmation by year. It has been very difficult for Ban- tion 40102(a). the Commission. gor to provide the kind of quality air October 5, 1999 CONGRESSIONAL RECORD — SENATE S11895 service that is so important in trying and quality. The follow-on con- The PRESIDING OFFICER. Without to attract new businesses to locate in sequences are a decreasing capacity to objection, it is so ordered. the area as well as to encourage busi- attract economic growth. AMENDMENT NOS. 1948 AND 1949, EN BLOC nesses to expand. He sums it up well. A region’s ability Mr. MCCAIN. Mr. President, I send Nowadays, businesses expect to have to attract and keep good jobs is inex- two amendments to the desk, en bloc, convenient, accessible, and affordable tricably linked to its transportation and ask for their immediate consider- air service. It is very important to system. Twenty-one years after Con- ation. their ability to do business. Although gress deregulated the airline industry, The PRESIDING OFFICER. The there have been several studies on the it is important that we now look and clerk will report. impact of airline deregulation, they assess the long-term impacts of our ac- The legislative clerk read as follows: have all focused on some aspects of air tions. The commission established by The Senator from Arizona [Mr. MCCAIN] service itself. For example, there have my amendment will ensure that Con- proposes amendments numbered 1948 and been GAO studies that have looked at gress, small communities, and the air- 1949, en bloc. the impact on airline prices. lines are able to make future decisions The amendments are as follows: on airline issues fully aware of the con- Not one study I am aware of has ac- AMENDMENT NO. 1948 cerns and the needs of smalltown tually analyzed the impact of airline (Purpose: To prohibit discrimination in the deregulation on economic development America. use of Private Airports) Mr. President, I thank the chairman and job creation in rural States. In- At the appropriate place insert the fol- deed, we have spoken to the GAO and of the committee and the ranking mi- lowing: nority members of both the sub- the Department of Transportation, and SEC. . NONDISCRIMINATION IN THE USE OF PRI- they are not aware of a single study committee and the full committee for VATE AIRPORTS. their assistance in shaping this amend- that has taken the kind of comprehen- (a) PROHIBITING DISCRIMINATION IN THE USE ment. I look forward to working with OF PRIVATE AIRPORTS.—Chapter 401 of Sub- sive approach I am proposing. More- them. I know they share my concerns title VII of title 49, United States Code, is over, one GAO official told my staff he about providing quality, accessible air amended by inserting the following new sec- thought such a study was long overdue. service to all parts of America. I thank tion after section 40122: We need to know more about how air- them for their cooperation in this ef- ‘‘§ 40123. Nondiscrimination in the Use of Pri- line deregulation has affected smaller fort and yield the floor. vate Airports and medium-sized communities such as The PRESIDING OFFICER. The Sen- ‘‘(a) IN GENERAL.—Notwithstanding any Presque Isle, ME, and Bangor, ME. We ator from West Virginia. other provision of law, no state, county, city need to focus on the relationship be- Mr. ROCKEFELLER. Mr. President, or municipal government may prohibit the tween access to affordable, quality air- obviously, this Senator from West Vir- use or full enjoyment of a private airport line service and the economic develop- ginia is already a cosponsor of the within its jurisdiction by any person on the ment of America’s smaller towns and basis of that person’s race, creed, color, na- amendment. There are very few people tional origin, sex, or ancestry. cities. who would know the situation in this During the past 20 years, air travel amendment as well as the Senator AMENDMENT NO. 1949 has become increasingly linked to busi- from Maine. Her State, as many rural (Purpose: To amend section 49106(c)(6) of ness development. Successful busi- States, has had a major reaction to de- title 49, United States Code, to remove a nesses expect and need their personnel regulation. Economic development is limitation on certain funding) to travel quickly over long distances. always the first thing on the minds of SECTION 1. SHORT TITLE. It is expected that a region being con- States that are trying to grow and at- This Act may be cited as the ‘‘Metropoli- sidered for business location or expan- tract their population back. This is tan Airports Authority Improvement Act’’. sion should be reachable conveniently, simply asking for a commission to SEC. 2. REMOVAL OF LIMITATION. quickly, and easily via jet service. study the effects of deregulation on Section 49106(c)(6) of title 49, United States Those areas without air access or with economic development. I think it is Code, is amended— (1) by striking subparagraph (C); and access that is restricted by prohibitive very sensible. I think it highlights a (2) by redesignating subparagraph (D) as travel costs, infrequent flights, or real agony for a lot of States. It is subparagraph (C). small, slow planes appear to be at a highly acceptable on this side. Mr. MCCAIN. Mr. President, these distinct disadvantage compared to Mr. MCCAIN addressed the Chair. two amendments, along with amend- The PRESIDING OFFICER. The Sen- those communities that enjoy acces- ment No. 1893, which was previously of- ator from Arizona. sible, convenient, and economic air fered, have been accepted on both sides. service. Mr. MCCAIN. Mr. President, I also thank the Senator from Maine. I do un- There is no further debate on the This country’s air infrastructure has amendments, and I ask for their adop- grown to the point where it now rivals derstand there have been some very negative impacts on Bangor and other tion. our ground transportation infrastruc- The PRESIDING OFFICER. Without parts of the State of Maine associated ture in its importance to the economic objection, the amendments are agreed with airline deregulation. It needs to vibrancy and vitality of our commu- to. be studied. We need to find out how we nities. It has long been accepted that The amendments (Nos. 1948, 1949, and can do a better job, as I said in my ear- building a highway creates an almost 1893) were agreed to. lier remarks, allowing smaller and me- instant corridor of economic activity Mr. MCCAIN. Mr. President, I move dium-sized markets to receive the air for businesses eager to cut shipping to reconsider the vote. and transportation costs by locating service they deserve which has such a Mr. ROCKEFELLER. I move to lay close to the stream of commerce. dramatic impact on their economies. that motion on the table. I thank the Senator from Maine for Like a community located on an The motion to lay on the table was her amendment. Both sides are pre- interstate versus one that is reachable agreed to. pared to accept the amendment. only by back roads, a community with Mr. MCCAIN. Mr. President, it is my The PRESIDING OFFICER. The a midsize or small airport underserved understanding that there is now some question is on agreeing to amendment 304 amendments that are germane that by air carriers appears to be operating No. 1907. at a disadvantage to one located near a The amendment (No. 1907) was agreed have been filed by the Senator from Il- large airport. What this proposal would to. linois. Obviously, that is his right do is allow us to take a close look at Mr. MCCAIN. Mr. President, I move under the rules of the Senate. the relationship between quality air to reconsider the vote. I would like for the Senator from Illi- service and the communities it serves. Mr. COLLINS. I move to lay that mo- nois to understand what he is doing. Bob Ziegelaar, director of the Bangor tion on the table. This is a very important piece of legis- International Airport, perhaps put it The motion to lay on the table was lation. It has a lot to do with safety. best. He tells me: Communities such as agreed to. The Senator from Illinois should know Bangor are at risk of being left behind Mr. MCCAIN. Mr. President, I ask that. He is jeopardizing, literally, the with service levels below what the mar- unanimous consent that the pending safety of airline passengers across this ket warrants, both in terms of capacity amendment be laid aside. country, perhaps throughout the world. S11896 CONGRESSIONAL RECORD — SENATE October 5, 1999 I will relate to the Senator what he not be extended without this authorization Provides employees of airlines, and em- is doing. Before I do, I think he should in place. (Sec. 307) ployees of airline contractors and sub- know there are strong objections by Requires all large cargo aircraft to be contractors, with statutory whistleblower equipped with collision avoidance equipment the Senators from Virginia, the Sen- protections to facilitate their providing air by the end of 2002. (Sec. 402) safety information. (Sec. 419) ators from New York, and the Senators Gives the FAA the authority to fine unruly from Maryland, concerning this whole airline passengers who interfere with the op- Mr. MCCAIN. Mr. President, I won’t issue of slots and the perimeter rule— eration or safety of a civil flight, up to go through them all. This is a very im- but particularly slots. We have been $10,000 per violation. (Sec. 406) portant bill. In this very contentious able to work with the Senators from Authorizes $450,000 to address the problem and difficult time concerning balanced of bird ingestions into aircraft engines. (Sec. these other States that are equally af- budgets and funding for other institu- 101) tions of Government, this authoriza- fected. It is very unfortunate that the Authorizes $9.1 million over three years for Senator from Illinois cannot sit down a safety and security management program tion bill has been brought up by the and work out something that would be to provide training for aviation safety per- majority leader, not by me. I hope it is agreeable. sonnel. The program would concentrate on fully recognized. I repeat, the Senators I want to tell the Senator from Illi- personnel from countries that are not in from Virginia, Senator WARNER and nois, again, this is very serious busi- compliance with international safety stand- Senator ROBB, Senator MIKULSKI, Sen- ards. (Sec. 101) ator SARBANES, Senator DURBIN, and ness we are talking about. We are talk- Authorizes at least $30 million annually for Senator FITZGERALD’s predecessor, all ing about aviation safety. This is the the FAA to purchase precision instrument reauthorization of the Aviation Im- landing systems (ILS) through its ILS inven- worked together on this issue. We need provement Program. It requires fixed- tory program. (Sec. 102) to work this out and we need to have wing aircraft in air commerce to be Authorizes at least $5 million for the FAA this authorization complete. I hope we equipped with emergency locator to carry out at least one project to test and can get that done as soon as possible. evaluate innovative airport security systems Mr. President, I yield the floor. transmitters; it provides broader au- and related technologies, including explosive thority to the FAA to determine what The PRESIDING OFFICER. The Sen- detection systems in an airport environment ator from Illinois is recognized. circumstances warrant a criminal his- (Sec. 105) tory record check for persons per- Requires the FAA to maintain human PRIVILEGE OF THE FLOOR forming security screening of pas- weather observers to augment the services Mr. FITZGERALD. Mr. President, I sengers and cargo; it extends the au- provided by the Automated Surface Observa- ask unanimous consent that John tion System (ASOS) weather stations, at thorization for the Aviation Insurance Fisher of the Congressional Research least until the FAA certifies that the auto- Service be granted the privilege of the Program, also known as war risk insur- mated systems provide consistent reporting ance, through 2003; it requires all large of changing meteorological conditions. (Sec. floor during the Senate’s consideration cargo aircraft to be equipped with col- 106) of S. 82. lision avoidance equipment by the end Allows the FAA to continue and expand its The PRESIDING OFFICER. Without of 2002; it gives FAA the authority to successful program of establishing consortia objection, it is so ordered. fine unruly airline passengers who of government and aviation industry rep- Mr. FITZGERALD. Mr. President, in resentatives at individual airports to provide interfere with the operation or safety response to the distinguished Senator advice on aviation security and safety. (Sec. from Arizona, I would be delighted to of a civil flight, up to $10,000 per viola- 303) tion; it authorizes $450,000 to address Requires the imprisonment (up to three work with him as best I can. I am sorry the problem of bird ingestions into air- years) or imposition of a fine upon any indi- we have missed each other in recent craft engines; it authorizes $9.1 million vidual who knowingly serves as an airman days. Obviously, he has dual respon- over 3 years for a safety and security without an airman’s certificate from the sibilities now as a candidate for Presi- management program to provide train- FAA. The same penalties would apply to dent of the United States. I would cer- anyone who employs an individual as an air- ing for aviation safety personnel. tainly like to continue negotiations man who does not have the applicable air- with him. I do believe—— Mr. President, I have three pages. I man’s certificate. The maximum term of im- Mr. MCCAIN. If the Senator will ask unanimous consent that it be prisonment increases to five years if the vio- printed in the RECORD. lation is related to the transportation of a yield, he knows full well that for the There being no objection, the mate- controlled substance. (Sec. 309) last several months—in fact, ever since rial was ordered to be printed in the Requires the FAA to consider the need for he came to this body—the Senator and RECORD, as follows: (1) improving runway safety areas, which are I have been discussing this issue. It has essentially runway extensions that provide a Safety-related Provisions in S. 82, Air Transpor- nothing to do with any Presidential landing cushion beyond the ends of runways tation Improvement Act campaign or anything else. The Sen- at certificated airports; (2) requiring the in- ator should know that and correct the Extends the contract authority through stallation of precision approach path indica- fiscal year 2000 for Airport Improvement tors (PAPI), which are visual vertical guid- record. Programs (AID) grants. Federal airport ance landing systems for runways. (Sec. 403) Mr. FITZGERALD. Well, I under- grants lapsed on August 6, 1999, because the Prohibits any company or employee that is stand the last time we talked, I contract authority had not been extended. convicted of installing, producing, repairing thought the Senator was working to Authorizes a $2.475 billion AID program in or selling counterfeit aviation parts from address my concerns. In fact, I didn’t fiscal year 2000. (Sec. 103) keeping or obtaining an FAA certificate. Air realize he supported lifting the high Provides explicit AIP funding eligibility carriers, repair stations, manufacturers, and for the installation of integrated in-pave- density rule altogether. I guess that is any other FAA certificate holders would be what has taken me by surprise. Sen- ment lighting systems, and other runway in- prohibited from employing anyone convicted cursion prevention devices. (Sec. 205) of an offense involving counterfeit parts. ator Moseley-Braun, my predecessor, Requires nearly all fixed-wing aircraft in (Sec. 405) and Senator DURBIN urged your support air commerce, to be equipped with emer- Requires the FAA to accelerate a rule- to limit the increased exceptions for gency locator transmitters by 2002. (Sec. 404) making on Flight Operations Quality Assur- slot restrictions at O’Hare from 100 Provides broader authority to the FAA to ance (FOQA). FOQA is a program under down to 30. You had supported that in determine what circumstances warrant a which airlines and their crews share oper- your original bill which had that 30 fig- criminal history record check for persons ational information, including data captured ure. You and I had been having discus- performing security screening of passengers by flight data recorders. Sanitized informa- and cargo. (Sec. 306) tion about crew errors is shared, to focus on sions with respect to that. Extends the authorization for the aviation situations in which hardware, air traffic con- This year, the amendment by Sen- insurance programs (also known as war risk trol procedures, or company practices create ator GORTON and Senator ROCKEFELLER insurance) through 2003. The program pro- hazardous situations. (Sec. 409) is what has given me pause because, vides insurance for commercial aircraft that Requires the FAA to study and promote obviously, that would be going in a dif- are operating in high risk areas, such as improved training in the human factors ferent direction than the limitations countries at war or on the verge of war. Com- arena, including the development of specific that were worked out with you, Sen- mercial insurers usually will not provide training curricula. (Sec. 413) coverage for such operations, which are often Provides FAA whistleblowers who uncover ator DURBIN, and former Senator required to advance U.S. foreign policy or safety risks with the ability to seek redress Moseley-Braun last year in what was the country’s national security policy. The if they are subject to retaliation for their ac- reflected as the original version of S. program expired on August 6, 1999, and can- tions. (Sec. 415) 82. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11897

Mr. MCCAIN. If the Senator will I want the Senate to know the cur- of the full committee, Senator MCCAIN. yield, the fact is, the Senator has been rent status of passenger rights so we Also, it has been shared with the chair- involved in discussions in the Cloak- can begin to strengthen the hand of man of the subcommittee. room, on the floor, in my office, and passengers at a time when we have a There are many things in this good other places on this issue. If we don’t record number of consumer complaints. bill with which I agree. I am especially agree, that is one thing, but to say Two weeks ago, the Senate began the pleased, with Senator ROCKEFELLER, somehow that my attention has been task of trying to empower the pas- Senator MCCAIN, and Senator GORTON, diverted is an inaccurate depiction of sengers with the Transportation appro- we are taking steps to improve com- the situation. priations bill. In that legislation, we petition. I am very pleased, for exam- Mr. FITZGERALD. Mr. President, I directed the Department of Transpor- ple, we are doing more for small and yield the floor. tation inspector general to investigate medium-size markets. These are very The PRESIDING OFFICER. The Sen- unfair and deceptive practices in the sensible proposals. ator from Oregon. airline industry. The Department of My concern is that together and on a Mr. WYDEN. Mr. President, since we Transportation inspector general does bipartisan basis, we need to persuade are on the FAA bill this morning, I will not currently conduct these investiga- the airline industry to put just a small take a few minutes to discuss the issue tions so we added the mandatory bind- fraction of the ingenuity and expertise of airline passenger rights. ing consumer protection language in they have that has produced one of the In the face of a wave of consumer the Transportation appropriations bill world’s truly extraordinary safety complaints which are running at twice to ensure the Transportation inspector records—the airline industry’s safety the number this time last year, the air- general would have exactly the same record is extraordinary, and I simply line industry has proposed a Customer authority to investigate these con- want to see them put the ingenuity and First program. I will take a few min- sumer protection issues that I proposed expertise they have into trying to en- utes this morning to ensure the Senate in the airline passenger bill of rights sure that passengers get a fair shake as understands what this program is all early this session. well. about. After the industry released its On this FAA bill, I am proposing an- It is not right at a time like this, voluntary proposal, I asked the Gen- other step to help passengers. The pur- particularly when many of the airlines eral Accounting Office and the Con- pose of the amendment I offer is to are making such significant profits, to gressional Search Service to analyze make sure customers can find out leave airline service for the passengers what the industry had actually pro- whether the airlines are actually living out on the runway. The figures are in- posed. In summary, these two reports— up to their voluntary commitments by disputable. There are a record number the one done by the General Account- beginning to write them into the con- of complaints. I hear constantly from ing Office and the one done by the Con- tracts of carriage—the binding agree- business travelers about the unbeliev- gressional Research Service—dem- ment between the passenger and the able problems they have with failure to onstrates, unfortunately, when it airline. disclose, for example, overbooking. comes to the industry’s plan to protect This is what the law division of the Many consumers have had problems passenger rights, there is no ‘‘There Congressional Research Service had to trying to find out about the lowest there.’’ say on that point: fare. These two reports found the airline It would appear that the voluntary avia- With the binding consumer protec- industry’s proposal puts passenger tion industry standards would probably not tion language that was adopted in the rights into three categories: first, have the same level of contractual enforce- Transportation appropriations bill so rights that passengers already have, as ability that the provisions of the ‘‘contract there will be an investigation into the in the rights of the disabled; second, of carriage’’ has. Under basic American con- problems I outlined in the airline pas- tract law, the airlines offer certain terms senger bill of rights, we have made a rights that have no teeth in them be- and service under these ‘‘contracts of car- cause they are not written into the riage’’ and the consumer accepts this offer start. Today we will have a chance to contracts of carriage between the pas- and relies on the terms of the contract when build on that by making sure these vol- senger and the airline; third, rights he or she buys a ticket. The voluntary indus- untary pledges begin to show up in the that are ignored altogether, such as try standards are not the basis of the con- contracts of carriage that actually pro- the right to full information on over- tract and may lack the enforceability that tect the consumer. booking and ensuring that passengers the conditions of the ‘‘contract of carriage’’ I express my thanks to Chairman can find out about the lowest possible may possess. MCCAIN and Senators ROCKEFELLER and fare. What especially troubles me is that GORTON for working with me on these Specifically, I asked the General Ac- the airlines are clearly dragging their matters and particularly to make sure counting Office to compare the vol- feet on actually writing these con- the Senate knows that in many areas, untary pledges made by the airline in- sumer protection provisions in any the areas that promote competition dustry to the hidden but actually bind- kind of meaningful fashion. and address the needs of small and me- ing contractual rights airline pas- In fact, one of the proposals I saw dium-size airports—this is an impor- sengers have that are written into from stipulates spe- tant bill. We can strengthen it with something known as a contract of car- cifically that their pledges to the con- this consumer protection amendment. riage. The Congressional Research sumer are not enforceable, that they I yield the floor. Service pointed out: are not going to be in the contracts of The PRESIDING OFFICER. The Sen- carriers. . . .front line airline staff seem uncertain ator from Arizona. as to what contracts of carriage are. Under my amendment on this FAA Mr. MCCAIN. Mr. President, I thank bill, the Department of Transportation the Senator from Oregon for his stead- The Congressional Research Service inspector general is going to inves- fast advocacy for airline passengers found that: tigate whether an airline means what and a range of other issues. I believe he ... even if the consumer knows they have it says, whether it is actually moving has done this Nation a great service by a right to the information, they must accu- to put these various nice-sounding, vol- attempting to see that airline pas- rately identify the relevant provisions of the contract of carriage or take home the ad- untary proposals into meaningful lan- sengers have certain fundamental ben- dress or phone number, if available, of the guage. I am very hopeful that as a re- efits that most Americans assume they airline’s consumer affairs department, send sult of this amendment, we are going already had before certain information for it and wait for the contract of carriage to to know the truth about actually what became known to them and to the Sen- arrive in the mail. kind of consumer protection proposals ate. I thank him very much. It appears As the Congressional Research Serv- are in the airline industry’s package. to be a very good amendment. ice states with their unusual tact and This amendment has been shared It has not been cleared yet by Sen- diplomacy: with the ranking minority member of ator ROCKEFELLER. They still have ... the airlines do not appear to go out of the committee and the ranking minor- some people with whom they have to their way to provide easy access to contract ity member of the subcommittee, and I talk. I have every confidence we will of carriage information. have talked about it with the chairman accept the amendment. I ask that the S11898 CONGRESSIONAL RECORD — SENATE October 5, 1999 Senator from Oregon withhold his The legislative assistant proceeded The reason it would add to delays was amendment at this time until we are to call the roll. because it would put more planes there ready to accept it. Mr. FITZGERALD. Mr. President, I waiting to take off or land, and that Mr. WYDEN. Mr. President, I am ask unanimous consent that the order demand for more flights vastly out- happy to do that and anxious to work for the quorum call be rescinded. stripped the capacity at O’Hare. with the chairman and Senator ROCKE- The PRESIDING OFFICER. Without So the problem with lifting that high FELLER. I will be glad to do that. objection, it is so ordered. density rule is that unless there is The PRESIDING OFFICER. The Sen- Mr. FITZGERALD. Mr. President, I more capacity in Chicago, planes are ator from West Virginia. wish to take a few moments now dur- just going to sit on the runway at Mr. ROCKEFELLER. Mr. President, I ing this lull in activity on the floor to O’Hare until they can take off. say to my friend from Oregon, there is speak to my concerns about lifting the What is the situation now? We have no plot or underlying purpose not to high density rule that governs O’Hare not lifted the high density rule now. accept the amendment at this point, International Airport in my State. Are there delays at O’Hare? You bet. but there may be others who have The PRESIDING OFFICER. The Sen- There are more delays at O’Hare than amendments that relate to this area. ator from Illinois is recognized. just about any other major airport in Let’s see what we have. From this Sen- AMENDMENT NO. 1892 the entire country, with as many as 100 ator’s point of view, the Senator from Mr. FITZGERALD. Mr. President, I airplanes lined up every morning wait- Oregon has made a useful amendment think the first thing we need to do, in ing to take off from the runway. and, at the appropriate time, should considering the Gorton-Rockefeller This proposal is a proposal that there not be any problems that arise— amendment to lift altogether the high would give airlines an unfettered abil- I do not anticipate them—I will have density rule that governs O’Hare Inter- ity to schedule even more flights. no problem. national Airport, is to look at what Sometimes they schedule 20 flights to AMENDMENT NO. 2070 TO AMENDMENT NO. 1892, that high density rule is and why it take off at the same time. The mar- AMENDMENT NO. 1920, AS MODIFIED, AND was first imposed. keting experts have told the airlines AMENDMENT NO. 2071, EN BLOC The high density rule was imposed that 8:45 a.m. is a popular time, so Mr. MCCAIN. Mr. President, I send not by Congress, although Congress is schedule your plane to take off at 8:45 three amendments to the desk, one by attempting to repeal it; the high den- a.m. The airlines know darn well only Senator HELMS, which is a second-de- sity rule was imposed by the Federal one plane can take off at 8:45 a.m., but gree amendment to the Gorton amend- Aviation Administration back in 1968 as many as 20 of them will be scheduled ment No. 1892, an amendment by Sen- or 1969. The reason they imposed it at to take off at that time. What does ator BOXER, and an amendment by Sen- O’Hare was because by then—already that mean? That means when you are ator INHOFE. I ask unanimous consent the world’s busiest airport—demand for trying to take off on an 8:45 a.m. flight that they be considered en bloc. flight operations exceeded capacity at out of O’Hare, most likely you are The PRESIDING OFFICER. Without O’Hare. Given that situation, in order going to be sitting on the tarmac wait- objection, it is so ordered. to prevent inordinate delays to the air ing to take off. The amendments are as follows: traffic system at O’Hare and around At least the high density rule is some AMENDMENT NO. 2070 TO AMENDMENT NO. 1892 the country, they capped the number of limitation because it is a limitation on In the pending amendment on page 13, line operations per hour at O’Hare. They how many airline flights can be sched- 9 strike the words ‘‘of such carriers’’. capped those operations at 155 flights uled to take off within that 8 o’clock hour. But by lifting this rule, we are AMENDMENT NO. 1920, AS MODIFIED per hour—roughly 1 every 20 seconds. The sponsors of this amendment, and Insert on page 126, line 16, a new subsection saying there is not going to be any lim- (f) and renumber accordingly: others who are proponents of it, have itation. Perhaps the airlines could ‘‘(f) TECHNICAL ASSISTANCE.— said: We need to lift that high density schedule 100 or 200 or 300 flights to take (1) IN GENERAL.—Participants carrying out rule because it is anticompetitive, and off in that 8 o’clock hour. People will inherently low-emission vehicle activities we have to get more competition for buy tickets; they think they are going under this pilot program may use no less more slots and more flights at O’Hare. to be able to take off sometime in that than 10 percent of the amounts made avail- They point out that just two carriers— hour. They do not realize that is just a able for expenditure at the airport under the pilot program to receive technical assistance and American Air- bait and switch; that the airlines know in carrying out such activities. lines—control 80 percent of the flight full well the passengers are going to (2) ELIGIBLE CONSORTIUM.—To the max- operations at O’Hare International Air- have to be sitting on the tarmac wait- imum extent practicable, participants in the port, and there are studies that show ing to take off. pilot program shall use eligible consortium that given that duopoly, the prices are Does it make sense, at the most con- (as defined in section 5506 of this title) in the higher at O’Hare. And that is true. gested, most delay-ridden airport, to region of the airport to receive technical as- There is absolutely no question about add even more delays? It makes no sistance described in paragraph (1). it. sense at all. (3) PLANNING ASSISTANCE.—The Adminis- trator may provide $500,000 from funds made The idea of increasing competition is I know Senator MCCAIN well. I do be- available under section 48103 to a multi- great in the abstract. There is only one lieve he is very concerned about com- state, western regional technology consor- problem. O’Hare Airport does not have petition in the airline industry, and he, tium for the purposes of developing for dis- the capacity for more flights. in good faith, wants to increase com- semination prior to the commencement of How do we know that? We know that petition in the airline industry. I agree the pilot program a comprehensive best because the last time Congress consid- with him wholeheartedly on that point. practices planning guide that addresses ap- ered lifting the high density rule in But I do not agree we want to do it in propriate technologies, environmental and 1994, the FAA commissioned a study a way that is going to inconvenience economic impacts, and the role of planning and mitigation strategies. and asked: What would happen if we everybody who flies out of O’Hare, and were to lift the high density rule at not just everybody who flies out of AMENDMENT NO. 2071 O’Hare International Airport? The O’Hare but people all around the coun- On page 132, line 4, strike ‘‘is authorized study, commissioned by the FAA, came try who will suffer because of backlogs to’’ and insert ‘‘shall’’. back and said if you did that, there and delays at O’Hare International Air- The PRESIDING OFFICER. Without would be huge delays at O’Hare Inter- port, which is in the center of our objection, the amendments are agreed national Airport that would rever- country. to en bloc. berate throughout the entire air travel Furthermore, there is a provision in The amendments (Nos. 2070, 1920, as system in the United States of Amer- this bill—neatly tucked in there—that modified, and 2071) were agreed to. ica. probably not many people can figure Mr. McCAIN. Mr. President, I yield Consequently, following that report, out what it means. Let me read it to the floor, and I suggest the absence of in the summer of 1995, the U.S. Depart- you. As I said earlier, United and a quorum. ment of Transportation said they American have 80 percent of the flights The PRESIDING OFFICER. The would not lift the high density rule at at O’Hare. So if we were to add slots or clerk will call the roll. O’Hare because it would add to delays. more flights at O’Hare, you would October 5, 1999 CONGRESSIONAL RECORD — SENATE S11899 think we would want to encourage congested airports in the country. This the high density rule more than dou- some new entrants into the market, article talks about it: O’Hare has one bles delay times at O’Hare. That is why some other companies. That would of the worst on-time arrival and depar- they didn’t do it. According to this re- bring some more competition, bringing ture records of any major airport in port, a Department of Transportation some other airlines into O’Hare. the Nation, according to U.S. Depart- May 1995 Report to Congress, a study of There is a little provision in here. I ment of Transportation data analyzed the high density rule, lifting the rule wonder who thought of this. Did some by the Chicago Sun-Times. For the at O’Hare, ORD, is estimated to in- Senator think of this? first 6 months of 1999, O’Hare ranked at crease the average time average annual This is on page 4 of the amendment: the bottom or second to last in per- all-weather delay by nearly 12 minutes, ‘‘Affiliated Carriers: . . . the Secretary centage of on-time arrivals and depar- from 11.8 to 23.7 minutes per operation, shall treat all commuter air carriers tures at the 29 biggest U.S. airports, and besides, that average annual delay that have cooperative agreements, in- performing worse than the and is much higher now than it was back in cluding code-share agreements with Newark airports, the other chronic lag- 1995, assuming no flight cancellations other air carriers equally for deter- gards. occur due to instrument flight rules, mining eligibility for the application of This goes back to the idea that air- weather. This is beyond the average of any provision of these sections regard- lines set their own schedules. There are 15 minutes, the original basis for im- less of the form of the corporate rela- slot controls that limit the number of posing HDR. tionship between the commuter air flights in an hour at O’Hare. You can There are many studies that show carrier and the other air carrier.’’ get from the FAA a slot to take off in the problem. This is why the caps were I bet many people wonder what that a particular hour. You can get a slot, put on at O’Hare. They wanted to stop means. What that means is that Amer- for example, to take off at the 8 a.m. delays. The studies have all shown that ican Airlines’ wholly-owned subsidiary, hour. It is up to the airline, then, to adding just one more slot beyond the American Eagle, and United Airlines’ schedule when that plane will take off. capacity of an airport causes an expo- affiliate, , can be treat- It turns out, as the Sun-Times inves- nential, compounding increase on the ed equally with new tigative report found, that many of the delays. In fact, this is a chart that the that are trying to get in and get slots airlines schedule them all at the same Federal Aviation Administration pre- out of O’Hare. time. At times there have been as pared on airfield and airspace capacity This provision in the bill seems to many as 80 planes scheduled to take and delay policy analysis. Once you go undercut, in my judgment, the argu- off, all at the same time. Obviously, beyond the practical capacity of an air- ment that this bill would increase com- they can’t do that. What that means is port—and for O’Hare, the FAA has said petition. In my judgment, competition that passengers sit on the runway and it is 158 flights per hour—the delays isn’t going to be increased by increas- wait. skyrocket. In my judgment, if we are ing concentration. The FAA bill before Have you ever been in an airplane, saying now we are not going to have us today will not increase competition sitting on the tarmac with that stuffy any checks on the demand at O’Hare due to its definition of the term ‘‘affili- air, waiting for the plane to take off? and there is no added capacity, we are ated carrier.’’ As the term ‘‘affiliated The airlines always blame it on the going to go right up into this range carrier’’ is defined, those carriers that weather or they blame it on the FAA. very fast. already control the vast majority of They blame it on somebody else. They I said yesterday, Mayor Daley from capacity at the airport, United and never blame it on themselves for sched- Chicago was supposed to be in Wash- American, will get eligibility for addi- uling all the flights to take off at the ington last week for an event. We were tional capacity and slots. same time, which we know as a matter going to have a taste and touch of Chi- In addition, many carriers that of physics is impossible. cago in Washington. There was a huge would benefit from this bill are wholly- This October 3 article, just this Sun- celebration. There were about 500 peo- owned subsidiaries of the controlling day, was the front-page headline arti- ple at this reception. We were all there carriers. Later, I hope we can have a cle in the Chicago Sun-Times: waiting for Mayor Daley. Everybody discussion on that particular aspect of AIRLINES CRAMMING DEPARTURE TIME SLOTS was asking: Where is Mayor Daley? It the bill. Airlines at O’Hare Airport schedule so turns out Mayor Daley was delayed at Let me talk a little bit more in depth many flights in and out during peak periods O’Hare Airport. In fact, poor Mayor about the delays we already have at that it is impossible to avoid delays, a Chi- Daley had to sit on the tarmac for 4 O’Hare, without this idea of increasing cago Sun-Times analysis shows. hours at O’Hare. He arrived in Wash- the number of flights we are going to O’Hare can handle about 3 takeoffs a minute at most, [that is one every 20 sec- ington at 8:30 at night, after the recep- have, regardless of the fact that we onds] but air carriers slate as many as 20 at tion was over, and he got the next don’t have more capacity for more certain times, slots they believe will draw plane back to Chicago. flights. the most passengers. And they’ve continued That is typical of the kind of delays This was an article just the other to add flights to crowded time slots, even people incur going through O’Hare. day, September 10, 1999: ‘‘Delays at though delays have been increasing since This bill would add to that. I think it O’Hare Mounting. For the first 8 1997. is a mistake to do that. It ignores the months of this year, flight delays at At least today, even as we have these original reason we had for the high O’Hare soared by 65 percent compared horrible delays, there is some limita- density rule. Furthermore, I think it is to all of 1997 and by 18 percent over tion as to how far the airlines can go unusual for Congress to put on the 1998, according to an analysis by the with this bait-and-switch tactic with mantle of safety and aviation experts Federal Aviation Administration.’’ consumers. There is some check. That and decide that we are going to rewrite Why are those delays occurring? In is the check on the absolute maximum FAA rules. We ought to take that out part because in the existing law we al- number of slots that can be given for of the political process, have the FAA ready have exemptions from the slot takeoffs and landings at O’Hare in a write its own rules, not us rejiggle controls put in by the FAA back in given hour. This bill removes that them from the statutes. 1969. Those slot controls limited the check. There will be no check then on With that, I am not going to mention number of flights to 155 operations per airlines scheduling departures and ar- at this time what I believe will be the hour. By virtue of the 1994 bill we rivals all at the same time, when it is extreme safety hazards by trying to passed in this Congress, before I was impossible for them all to land or take cram more flights into less time and here, they allowed more exemptions to off at that time. In fact, you could space at O’Hare. A flight lands and those slot rules, and the FAA has been have 200, 300, 400 flights all scheduled takes off every 20 seconds at O’Hare. If granting those. In fact, I am told the to take off at the same time. We are re- we are going to cram more in and nar- FAA now has about 163 flights an hour moving any of those caps. row the distance, maybe it will come at O’Hare. This bill would lift those I mentioned that in 1995, the FAA or- down to every 10 or 15 seconds. There is caps entirely. dered a study of what would happen if not much room for error. If you are sit- This is from August 23, 1999. I said we lifted the high density rule. Again, ting in a plane and you think there is O’Hare is one of the most delay-ridden, the 1995 DOT study shows that lifting a plane tailgating you, there is a lot of S11900 CONGRESSIONAL RECORD — SENATE October 5, 1999 pressure. All these takeoffs and land- I yield now to the chairman of the duced last night and ask for the sup- ings will not give air passengers a full committee to hear his thoughts on port of my colleagues. Before I do that, great deal of comfort. our ability to get this loophole-ridden I want to recognize the chairman of the I yield the floor and suggest the ab- Death on the High Seas Act changed, full committee, the Commerce Com- sence of a quorum. and particularly doing it on the Coast mittee, and my colleagues on the sub- The PRESIDING OFFICER (Mr. Guard bill that will be coming up. committee. There are many important ENZI). The clerk will call the roll. Mr. MCCAIN. Mr. President, I thank provisions in this bill. Most impor- The legislative clerk proceeded to my friend from Oregon. I know he has tantly, I think it reauthorizes the call the roll. been heavily involved in this issue for funding mechanism for airport con- Mr. WYDEN. Mr. President, I ask a long time. We will have the Coast struction which has been going on unanimous consent that the order for Guard bill scheduled for markup. At around the country. I hardly find a the quorum call be rescinded. that time, I hope the Senator from Or- place where there are not improve- The PRESIDING OFFICER. Without egon will be able to propose an amend- ments being done to the infrastructure objection, it is so ordered. ment addressing this issue. But I also for air traffic. Mr. WYDEN. Mr. President, I ask remind my friend that there may be The legislation allows a limited num- unanimous consent to address the Sen- objection within the committee as ber of exemptions to the current perim- ate for a few minutes. I see Chairman well. I know he fully appreciates that. eter rule at the Ronald Reagan Na- MCCAIN, and I wanted to engage him in There is at least one other Senator who tional Airport. Creating these exemp- a brief discussion on a matter involv- doesn’t agree with this remedy. But I tions takes a step in the right direction ing the Death on the High Seas Act. I think we should bring up this issue and to provide balance between Americans have offered several amendments with it should be debated and voted on. I within the perimeter and outside the respect to this issue, but I don’t intend think certainly the Senator from Or- perimeter. The current perimeter rule to offer them this morning because this egon has the argument on his side in is outdated and restrictive to creating bill has several hundred amendments. this issue. competition. The PRESIDING OFFICER. Is there Mr. WYDEN. I thank the chairman. I We have the best and the most effi- objection? am going to be very brief in wrapping cient modes of transportation in the Without objection, it is so ordered. this up. I think our colleagues know entire world. No other country can Mr. WYDEN. Mr. President, I think that I am not one who goes looking for make such a boast. With the exception, it is extraordinarily important that frivolous litigation. The chairman of of course, of rail transportation and the Senate take steps promptly to rem- the committee and all our colleagues passengers, we have very competitive edy some of the loopholes in the anti- on the Commerce Committee know alternatives. Now is the time to fur- quated Death on the High Seas Act. I that I spent a lot of time on the Y2K li- ther enhance our competitive aviation and rail alternatives, although some have had constituents bring to my at- ability legislation this year so we could who live at the end of the lines some- tention a tragedy that is almost unique resolve these problems without a whole times question if we have competition in my years of working in the con- spree of frivolous litigation. sumer protection field. But we do know that there are areas, in the right places. These limited exemptions to the pe- Mr. John Sleavin, one of my con- particularly ones where injured con- rimeter rule will improve service to stituents, testified before the Com- sumers in international waters have no merce Committee that he lost his the nation’s capital for dozens of west- remedy at all, when they are subject to ern cities beyond the perimeter—while brother, Mike, his nephew, Ben, and his some of the most grizzly and unfortu- niece, Annie, under absolutely gro- at the same time ensuring that cities nate accidents, where there is a role for inside the perimeter are not adversely tesque circumstances. The family’s legislation and a need for a remedy. pleasure boat was run over by a Korean impacted by new service. This is a fair I am very appreciative that the balance which is consistent with the freighter in international waters. The chairman has indicated he thinks it is only survivor was the mother, Judith overall intent of the bill to improve air appropriate that we devise a remedy. I service to small and medium-sized cit- Sleavin, who suffered permanent inju- intend to work very closely with our ries. The accident was truly extraor- ies. colleagues on the Commerce Com- As a result, I believe our committee dinary because, after the collision, mittee. I know the chairman of the has crafted a limited compromise there was absolutely no attempt by the subcommittee, Senator GORTON, has which protects the local community Korean vessel to rescue the family or strong views on this. I am willing to from uncontrolled growth, ensures that even to notify authorities about the look anew with respect to what that service inside the perimeter will not be collision. Mr. Sleavin’s brother and his remedy ought to be so we can pass a bi- affected and creates a process which niece perished after 8 hours in the partisan bill. But I do think we have to will improve access to Ronald Reagan water following the collision. It was devise a remedy because to have inno- National Airport for small and me- clear to me that there was an oppor- cent Americans run down in inter- dium-sized communities outside the tunity to have rescued this family. Yet national waters without any remedy current perimeter. Montana’s commu- there was no remedy. can’t be acceptable to the American nities will benefit from these limited We have had very compelling testi- people. exemptions through improved access to mony on this problem in the Senate With that, I ask unanimous consent the nation’s capitol. Commerce Committee. The chairman to withdraw all four of the amend- Throughout this bill, our goal has has indicated a willingness to work ments I have had filed on this bill with been to improve air service for commu- with me on this. We have a Coast respect to the Death on the High Seas nities which have not experienced the Guard bill coming up, and because this Act. benefits of deregulation to the extent is an important consumer protection The PRESIDING OFFICER. The Sen- of larger markets. The provision re- issue and a contentious one, I don’t ator has that right. The amendments lated to improved access to Reagan Na- want to do anything to take a big are withdrawn. tional is no different. block of additional time. Mr. MCCAIN. Mr. President, I thank Today, passengers from many com- I will yield at this time for a col- the Senator from Oregon. I look for- munities in Montana are forced to dou- loquy with the chairman in the hopes ward to working with him on this very ble or even triple connect to fly to that we can finally get this worked out important issue. Washington National. My goal is to en- so we don’t have Americans subject to I suggest the absence of a quorum. sure that not just large city point-to- the kind of tragic circumstances we Mr. BURNS. Mr. President, I ask point service will benefit, but that pas- saw in this case, where a family was unanimous consent that the order for sengers from all points west of the pe- literally mowed down in international the quorum call be rescinded. rimeter will have better options to waters by a Korean freighter and The PRESIDING OFFICER. Without reach Washington and Ronald Reagan should have been rescued and, trag- objection, it is so ordered. National Airport. ically, loved ones were lost. I feel very Mr. BURNS. Mr. President, I will This provision is about using this re- strongly about this. comment on an amendment we intro- stricted exemption process to spread October 5, 1999 CONGRESSIONAL RECORD — SENATE S11901 improved access throughout the West— portion of the small business sector in aration distances between arriving air- not to limit the benefits to a few large the United States. There are 33,000 craft. cities which already have a variety of travel agencies employing over 250,000 A couple of years ago, I was doing a options. people. Women or minorities own over landing at O’Hare. I was on a commer- Let me be clear, if the Secretary re- 50 percent of travel agencies. cial air carrier. We were about to land ceives more applications for more slots Since 1995, commissions have been re- at O’Hare. Lo and behold, we were than the bill allows, DOT must duced by 30%, 14% for domestic travel about to land on top of another plane prioritize the applications based on alone in 1998. since 1995, travel agent that was still on the runway. At the quantifying the domestic network ben- commissions have been reduced from last minute, the pilot lifted up, and we efits. Therefore, DOT must consider an average of 10.8 to 6.9 percent in 1998. took off again right before we hit the and award these limited opportunities Travel agencies are failing in record other plane that had not gotten off the to western hubs which connect the numbers. runway. Many people have probably largest number of cities to the national I think it is important we study the been through that experience. It is transportation network. issue, get an unbiased commission to- pretty frightening. I request the support of my col- gether, and give a report to Congress. If we are going to cram more flights leagues on a very important amend- We will see how important the role into the same space at O’Hare, we are ment I along with my colleague from played by the ticket agents and the going to see more incidents like that. Missouri have introduced to this bill. travel agencies is in contributing to They are already reducing runway oc- That amendment was added last night. the competitive nature of travel in this cupancy time. You will notice when This amendment will establish a com- country. your plane lands that it hightails it off mission to study the future of the trav- I ask my colleagues to support this that runway because it knows there is el agent industry and determine the important amendment. We are dealing another plane right behind. consumer impact of airline interaction with a subject that needs to be dealt They are doing something that they with travel agents. with; this bill needs to be passed. We call land-and-hold operations—they are Since the Airline Deregulation Act of are in support of it. doing it at O’Hare and across the coun- 1978 was enacted, major airlines have I yield the floor, and I suggest the ab- try—where the plane lands, and it has controlled pricing and distribution sence of a quorum. to get to a crisscross with another run- policies of our nation’s domestic air The PRESIDING OFFICER. The way. They have to hold while another transportation system. Over the past clerk will call the roll. plane lands. Pilots hate to do that, but four years, the airlines have reduced The legislative clerk proceeded to they are forced to by air traffic con- airline commissions to travel agents in call the roll. trol. a competitive effort to reduce costs. Mr. FITZGERALD. Mr. President, I We are seeing increasing incidents of I am concerned the impact of today’s ask unanimous consent that the order triple converging runway arrivals in business interaction between airlines for the quorum call be rescinded. this country. All of this is designed to and travel agents may be a driving The PRESIDING OFFICER. Without put more planes together in time and force that will force many travel objection, it is so ordered. space. I think it is obvious to anybody agents out of business. Combined with Mr. FITZGERALD. Mr. President, I that decreases the margin of safety the competitive emergence of Internet would like to take advantage of this that we have in aviation in this coun- services, these practices may be harm- opportunity to finish one final point to try. ing an industry that employs over the speech I had given a few moments I think that is a great mistake be- 250,000 people in this country. ago wherein I mentioned the likely cause nothing is as important as the This amendment will explore these delays that would be caused at Chicago safety of the flying public. concerns through the establishment of O’Hare, and that is the increase in I call your attention to an article a commission to objectively review the delays that would be caused in Chicago that appeared in USA Today. I apolo- emerging trends in the airline ticket O’Hare and throughout our Nation’s gize. The date is wrong on this. It says distribution system. Among airline entire air traffic system if the high November 13, 1999. Obviously, that was consumers there is a growing concern density rule were to be repealed. But November 13 of a different year because that airlines may be using their mar- right now I mention one other item we haven’t gotten to November 13 of ket power to limit how airline tickets which is probably the most important 1999. This is actually from 1998. are distributed and sold. matter this Senate confronts in pass- They had a front-page headline arti- Mr. President, if we lose our travel ing statutes to govern our aviation sys- cle called: ‘‘Too Close for Comfort. agents, we lose a competitive compo- tem, and that is the issue of safety. Crossing Runways Debated as Travel nent to affordable air fare. Travel I alluded earlier to the fact that Soars. Safety, On-Time Travel on Col- agents provide a much needed service O’Hare is the world’s biggest airport lision Course, Pilots Say.’’ and without them, the consumer is the and that there is a takeoff and landing Let me read a quote from this article loser. every 20 seconds at O’Hare. Any sixth from USA Today from November 13, The current use of independent travel grader can figure out if we are going to 1998. agencies as the predominate method to try to run more flights per hour and ‘‘They are just trying anything to squeeze distribute tickets ensures an efficient more flights per minute through out more capacity from the system,’’ says and unbiased source of information for O’Hare, we are going to have to bring Captain Randolph Babbitt, President of the air travel. Before deregulation, travel them in and take them off in less time Airline Pilots Association, which represents agents handled only about 40 percent of than 20 seconds. Either that or we will 51,000 of the 70,000 commercial pilots in the the airline ticket distribution system. continue mounting delays. United States and . ‘‘Some of us Since deregulation, the complexity of Most likely, we will continue mount- think this is nibbling at the safety margins.’’ the ticket pricing system created the ing delays. But it is possible the in- Probably at no airport in the country need for travel agents resulting in creased congestion and delays would have we nibbled more at the safety travel agents handling nearly 90 per- cause the air carriers to be pressuring margins than at O’Hare International cent of transactions. the FAA to let the planes take off and Airport—the world’s biggest airport, Therefore, the travel agent system would be pressuring the air traffic con- the world’s most congested, the one has proven to be a key factor to the trollers to get planes into the air that has the most delays in this coun- success of airline deregulation. I’m quicker, and it would be pressuring try. afraid, however, that the demise of the them to shorten the separation dis- I will read a portion of a letter that independent travel agent would be a tances between airplanes. was sent earlier this year to the Gov- factor of deregulation’s failure if the Already in this country, in order to ernor of our great State, Governor major airlines succeed in dominating increase capacity at our airports with- George Ryan. the ticket distribution system. out adding capacity in terms of new fa- My name is John Teerling and I recently Tavel agents and other independent cilities and runways, we are doing a retired, after 31.5 years with American Air- distributors comprise a considerable number of things. We are reducing sep- lines as a Captain, flying international S11902 CONGRESSIONAL RECORD — SENATE October 5, 1999 routes in Boeing 767 and 757’s. I was based at against that. What they are not considering has a life of its own. It is the result of Chicago’s O’Hare my entire career. I have is that their presence at a third airport the free enterprise system that people seen the volume of traffic at O’Hare pick up would afford them an even greater share of decide to buy it or not buy it. That is and exceed anyone’s expectations, so much the Chicago regional pie as well as put them their choice. so, that on occasions, mid-airs were only sec- in a great position for future expansion. onds apart. O’Hare is at maximum capacity, You also have Mayor Daley against a third But people also have the choice as to if not over capacity. It is my opinion that it airport because he feels a loss of control and whether they want to fly or not. We are is only a matter of time until two possible revenue for the city. This third air- now coming to the point where we have collide making disastrous headlines. port, if built, and it should be, should be the technology to allow a lot more of I close with that thought, and I cau- classified as the Northern Illinois Regional that to happen. Airport, controlled by a Board with rep- I described a visit I made to the air tion the Senate on the effects of our resentatives from Chicago and the sur- interfering in the rulemaking author- traffic control center in Herndon, VA, rounding areas. That way all would share in which is highly automated and has the ity of the FAA, overruling their au- the prestige of a new major international thority, and by statute rewriting their airport along with its revenues and expand- highest form of technology. If you rules. ing revenue base. want to say: All right. How many I ask unanimous consent that this The demand in airline traffic could easily flights are in the air right now from letter to Governor George Ryan from expand by 30% during the next decade. Where 3,000 to 5,000 feet? How many are in the this former American Airlines captain, does this leave Illinois and Chicago? It air now from 5,000 to 7,000, or 5,000 to leaves us with no growth in the industry if 6,000? They push a button, and they can John Teerling, be printed in the we have no place to land more airplanes. If RECORD. tell you every flight—because I have Indiana were ever to get smart and construct seen it—every flight in the country at There being no objection, the letter a major airport to the East of Peotone, was ordered to be printed in the imagine the damaging economic impact it certain levels. The whole concept of RECORD, as follows: would have on Northern Illinois! being able to increase flights is going Sincerely, to be there. JOHN W. TEERLING, No. 1, we have established the fact Lockport, IL, January 18, 1999. JOHN W. TEERLING. RE: A Third Chicago Airport Mr. FITZGERALD. Thank you, Mr. that Americans are free. This is not Gov. GEORGE RYAN, President. the former Soviet Union. People have State Capitol, Springfield, IL. I yield the floor. the right to fly. They have the money DEAR GOVERNOR RYAN: My name is John The PRESIDING OFFICER. The Sen- to fly. The economy is doing better, Teerling and I recently retired, after 31.5 ator from West Virginia is recognized. and exponentially everything is grow- years with American Airlines as a Captain, Mr. ROCKEFELLER. Mr. President, I ing. That case is closed. flying international routes in Boeing 767 and would just make a couple of comments If somebody wants to say, let’s stop 757’s. I was based at Chicago’s O’Hare my en- that, let’s just say we are going to pre- tire career. I have seen the volume of traffic in general and not direct it to those at O’Hare pick up and exceed anyone’s expec- who are trying to decrease or increase tend it was 30 years ago and only so tations, so much so, that on occasion mid- slots at airports but some philo- many people can fly, only so many let- airs were only seconds apart. O’Hare is at sophical points. ters can be written, only so many maximum capacity, if not over capacity. It A lot of these rules were set, as has international flights, the Italians and is my opinion that it is only a matter of been pointed out, some 30 years ago. Of French are going to have to stop, it is time until two airliners collide making dis- course, there has been a lot of tech- OK the Japanese and Germans do it— astrous headlines. nology which has developed since that life does not work like that. People Cities like , and especially time, and a lot of it which has been in have the right to make their decisions, continue to increase their traffic flow, some months exceeding Chicago, and at place since that time which allows and it is up to us in Congress to expe- some point could supersede Chicago perma- much more efficient use. We don’t have dite the ability of the FAA to have in nently. If Chicago and Illinois are to remain so-called ‘‘buy and sell’’ situations place the instruments, the technology, as the major Hub for airline traffic, a third anymore. We have slots. and the funding to make all of this major airport has to be built, and built now. We also have, as I described in my work properly. Midway, with its location and shorter run- opening statement yesterday, millions I point out one economic thing that ways will never fill this void. A large inter- of Americans who fly every year, and 1 comes from the Department of Trans- national airport located in the Peotone area, billion people will be flying in the next portation which is very interesting. complete with good ground infrastructure decade. We have a tripling of air cargo. This happens to deal with O’Hare. That (rail and highway) to serve Chicago, Kan- kakee, Joliet, Indiana and the Southwest We have an enormous increase in inter- is an accident; it is not deliberate. But suburbs, would be win, win situation for all. national flights. We have an enormous it makes an interesting point because The jobs created for housing and offices, ho- increase in letters and boxes, all of it talks about the benefits if you open tels, shopping, manufacturing and light in- which require flights and all of which up slots and it talks about the defi- dustry could produce three to four hundred require slots. They go to different air- ciencies; there are both. If you open up thousand jobs. Good paying jobs. ports. But the point is everything is in- more slots, you will get a benefit for Another item to consider, which I feel is creasing. the consumer that outweighs the total extremely important is weather. I have fre- I don’t think that any of us on the cost of the delays and, in short, the quently observed that there are two distinct weather patterns between O’Hare and Kan- floor or colleagues who will be here to consumer will save a great deal of kakee. Very often when one is receiving vote on various issues can pretend that money, or a certain amount of money, snow, fog or rain the other is not. These con- we can turn around and say: All right, on tickets. They will save money be- ditions affect the visibility and ceiling con- Mr. and Mrs. America. Yes, you are cause there will be more competition, ditions determining whether the airports op- making more income. Yes, you are because there will be more slots, be- erate normally or not. Because of the dif- maybe vacation-conscious. Yes, this is cause there will be more flights. That ference in weather patterns when one air- a free market system. Yes, you live in is the free-market system. That is port, say O’Hare, is experiencing a hampered a free country and you want to fly to what brings lower costs. operation, an airport in Peotone, in all prob- ability, could be having more normal oper- more places and you have the money I do not enjoy flying from Charles- ations. Airliners could then divert to the now to take your children with you. ton, WV, to Washington, DC, and pay- ‘‘other’’ Chicago Airport, saving time and You are writing more letters. You are ing $686 for a flight on an airplane into money as well as causing less inconvenience sending more packages because more which I can barely squeeze. to the public. (It’s better to be in Peotone services are available. Let’s understand, we have something than in Detroit). We cannot pretend as though we are which is growing exponentially and It is well known that American and going to stop this process. I don’t want happens to be terrific for our economy. United, who literally control O’Hare with to make the comparison to the Inter- As I indicated, 10 million people work their massive presence, are against a third net because the Internet has a life of in this industry. You are not going to airport. Why? It is called market share com- petition and greed. A new airport in the its own. But it comes to mind. There stop people from sending letters. You Peotone area would allow other airlines to are a lot of people who want to stop are not going to stop people from fly- service Chicago and be competition. Amer- some of the things going on on the ing. You are not going to stop people ican and United are of course dead set Internet. They can’t do it. The Internet from taking vacations. You are not October 5, 1999 CONGRESSIONAL RECORD — SENATE S11903 going to stop international traffic. ‘‘(2) NEW OR INCREASED SERVICE REQUIRED.— The amendments are as follows: Paragraph (1)(A) applies only if— None of that is going to happen. We AMENDMENT NO. 1900 have to accommodate ourselves. ‘‘(A) the air carrier was not providing air transportation described in paragraph (1)(A) (Purpose: To protect the communities sur- Does that mean there is going to be during the week of June 15, 1999; or rounding Ronald Reagan Washington Na- somewhat more noise? Yes. ‘‘(B) the level of such air transportation to tional Airport from nighttime noise by Does that mean we have to improve be provided between such airports by the air barring new flights between the hours of systems, engines, and research that are carrier during any week will exceed the level 10:00 p.m. and 7:00 a.m.) reducing that noise? Yes, we do. of such air transportation provided by such At the appropriate place, insert the fol- Does that mean there are going to be carrier between Chicago O’Hare Inter- lowing new section: national Airport and an airport described in more delays? Probably. SEC. . CURFEW. paragraph (1)(A) during the week of June 15, Notwithstanding any other provision of But the alternative to that is to say, 1999. law, any exemptions granted to air carriers all right, since we cannot have a single AMENDMENT NO. 1950 TO AMENDMENT NO. 1906 delay and nobody can be inconven- under this Act may not result in additional Mr. MCCAIN. Mr. President, I ask operations at Ronald Reagan Washington ienced a single half hour, then let’s unanimous consent to call up amend- National Airport between the hours of 10:00 just shut all of this off and go back to ment No. 1906 submitted by Senator p.m. and 7:00 a.m. the 1960s and pretend we are in that VOINOVICH, and on behalf of Senator era. We cannot do that. We simply can- GORTON, I send a second-degree amend- AMENDMENT NO. 1901 not do that. ment, No. 1950 to amendment No. 1906, (Purpose: To require collection and publica- I introduce that thought into this and ask that the second-degree amend- tion of certain information regarding noise conversation. There will be other ment be adopted and that the amend- abatement) amendments and other points that will ment No. 1906, as amended, then be At the appropriate place, insert the fol- be made about it. But we are dealing adopted. lowing new title: with inexorable growth, which the The PRESIDING OFFICER. Without TITLE ll—lllllll American people want, which the inter- objection, it is so. ordered. SEC. ll01. GOOD NEIGHBORS POLICY. national community wants, which is The amendment (No. 1906) is as fol- (a) PUBLIC DISCLOSURE OF NOISE MITIGA- now supported by an economy which is lows: TION EFFORTS BY AIR CARRIERS.—Not later going to continue to sustain it. Even if Strike section 437. than 1 year after the date of enactment of the economy goes through a downturn, The amendment (No. 1950) was agreed this Act, and annually thereafter, the Sec- it is not going to slow down traffic use to, as follows: retary of Transportation shall collect and publish information provided by air carriers substantially because once people SEC. 437. DISCRIMINATORY PRACTICES BY COM- PUTER RESERVATIONS SYSTEMS regarding their operating practices that en- begin to fly, they keep on flying; they courage their pilots to follow the Federal do not give up that habit. OUTSIDE THE UNITED STATES. (a) ACTIONS AGAINST DISCRIMINATORY AC- Aviation Administration’s operating guide- We are dealing with a fact of life to TIVITY BY FOREIGN CRS SYSTEMS.—Section lines on noise abatement. which we have to make an adjustment 41310 is amended by adding at the end the (b) SAFETY FIRST.—The Secretary shall in two ways: One, we have to be willing following: take such action as is necessary to ensure to accept certain inconveniences. I ‘‘(g) ACTIONS AGAINST DISCRIMINATORY AC- that noise abatement efforts do not threaten happen to live in one place where the TIVITY BY FOREIGN CRS SYSTEMS.—The Sec- aviation safety. airplanes just pour over my house. I do retary of Transportation may take such ac- (c) PROTECTION OF PROPRIETARY INFORMA- tions as the Secretary considers are in the TION.—In publishing information required by not enjoy that, but I adjust to it. public interest to eliminate an activity of a this section, the Secretary shall take such Let’s deal in the real world here. foreign air carrier that owns or markets a action as is necessary to prevent the disclo- Flights are good for the economy; computer reservations system, when the Sec- sure of any air carrier’s proprietary informa- flights are good for Americans; flights retary, on the initiative of the Secretary or tion. are good for the world. Packages and on complaint, decides that the activity, with (d) NO MANDATE.—Nothing in this section letters are all part of communication. respect to airline service— shall be construed to mandate, or to permit There is nothing we are going to do to ‘‘(1) is an unjustifiable or unreasonable dis- the Secretary to mandate, the use of noise stop it, so we have to make adjust- criminatory, predatory, or anticompetitive abatement settings by pilots. practice against a computer reservations ments. One, in our own personal lives, SEC. ll02. GAO REVIEW OF AIRCRAFT ENGINE system firm; NOISE ASSESSMENT. and, two, we in Congress have to make ‘‘(2) imposes an unjustifiable or unreason- (a) GAO STUDY.—Not later than 1 year adjustments by being far more aggres- able restriction on access of such a computer after the date of enactment of this Act, the sive in terms of expediting funding for reservations system to a market.’’. Comptroller General of the United States research, instruments, and technology (b) COMPLAINTS BY CRS FIRMS.—Section shall conduct a study and report to Congress that will make all of this as easy as 41310 is amended— on regulations and activities of the Federal possible. (1) in subsection (d)(1)— Aviation Administration in the area of air- (A) by striking ‘‘air carrier’’ in the first I thank the Presiding Officer and craft engine noise assessment. The study sentence and inserting ‘‘air carrier, com- shall include a review of— yield the floor. puter reservations system firm,’’; The PRESIDING OFFICER. The (1) the consistency of noise assessment (B) by striking ‘‘subsection (c)’’ and insert- techniques across different aircraft models Chair recognizes the Senator from Ari- ing ‘‘subsection (c) or (g)’’; and and aircraft engines, and with varying zona. (C) by striking ‘‘air carrier’’ in subpara- weight and thrust settings; and Mr. MCCAIN. Mr. President, I ask graph (B) and inserting ‘‘air carrier or com- (2) a comparison of testing procedures used unanimous consent to add Senator puter reservations system firm’’; and for unmodified engines and engines with GRASSLEY as an original cosponsor of (2) in subsection (e)(1) by inserting ‘‘or a hush kits or other quieting devices. computer reservations system firm is subject the Collins amendment No. 1907. (b) RECOMMENDATIONS TO THE FAA.—The when providing services with respect to air- Comptroller General’s report shall include The PRESIDING OFFICER. Without line service’’ before the period at the end of objection, it is so ordered. specific recommendations to the Federal the first sentence. Aviation Administration on new measures AMENDMENT NO. 1892, AS MODIFIED The amendment (No. 1906), as amend- that should be implemented to ensure con- Mr. MCCAIN. Mr. President, on be- ed, was agreed to. sistent measurement of aircraft engine half of Senator GORTON, I send to the AMENDMENTS NOS. 1900 AND 1901, EN BLOC noise. desk a modification to amendment No. Mr. MCCAIN. Mr. President, on be- SEC. ll03. GAO REVIEW OF FAA COMMUNITY NOISE ASSESSMENT. 1892 offered yesterday by Senator GOR- half of Senator ROBB, I send to the desk TON and ask that it be considered. two amendments that have been (a) GAO STUDY.—Not later than 1 year after the date of enactment of this Act, the The PRESIDING OFFICER. Without cleared on both sides. objection, the amendment is so modi- Comptroller General of the United States The PRESIDING OFFICER. Without shall conduct a study and report to Congress fied. objection, the amendments will be re- on the regulations and activities of the Fed- The amendment (No. 1892), as modi- ported en bloc. eral Aviation Administration in the area of fied, is as follows: The legislative clerk read as follows: noise assessment in communities near air- On page 9, beginning with line 15, strike The Senator from Arizona [Mr. MCCAIN], ports. The study shall include a review of through line 11 on page 10 and insert the fol- for Mr. ROBB, proposes amendments num- whether the noise assessment practices of lowing: bered 1900 and 1901, en bloc. the Federal Aviation Administration fairly S11904 CONGRESSIONAL RECORD — SENATE October 5, 1999 and accurately reflect the burden of noise on The PRESIDING OFFICER. The ture and keeps our economy going communities. Chair recognizes the Senator from Vir- strong. There is no question about (b) RECOMMENDATIONS TO THE FAA.—The ginia. that. I have supported that from the Comptroller General’s report shall include Mr. ROBB. Mr. President, I inquire of very beginning, and I thank the man- specific recommendations to the Federal Aviation Administration on new measures to the Chair, what is the pending amend- agers for their efforts in this particular improve the assessment of airport noise in ment at this time? regard. communities near airports. The PRESIDING OFFICER. Amend- I have long believed that funding for Mr. MCCAIN. Mr. President, I ask ment No. 1898 offered by the Senator transportation, particularly mass that the amendments be adopted en from Montana, Mr. BAUCUS. transportation, is one of the best in- bloc. Mr. ROBB. Mr. President, I ask unan- vestments our Government can make. The PRESIDING OFFICER. Without imous consent that amendment No. For our aviation system, in particular, objection, it is so ordered. 1898 be temporarily laid aside and that these investments are critical. The amendments (Nos. 1900 and 1901) we return to consideration of amend- As Secretary of Transportation Rod- were agreed to. ment No. 1892 offered by the Senator ney Slater noted: Mr. MCCAIN. Mr. President, I move from Washington, Mr. GORTON. . . . aviation will be for America in the to reconsider the vote. The PRESIDING OFFICER. Without 21st Century what the Interstate Highway Mr. ROBB. I move to lay that motion objection, it is so ordered. System has been for America in this cen- tury. on the table. AMENDMENT NO. 2259 TO AMENDMENT NO. 1892 It has been suggested that as part of The motion to lay on the table was (Purpose: to strike the provisions dealing agreed to. with special rules affecting Reagan Wash- our preparation for the next century of aviation to promote competition and AMENDMENT NO. 1904 ington National Airport) protect consumers, we ought to impose (Purpose: to provide a requirement to en- Mr. ROBB. Mr. President, I send a hance the competitiveness of air oper- second-degree amendment to amend- additional flights on the communities ations under slot exemptions for regional ment No. 1892 and ask for its imme- surrounding National Airport. jet air service and new entrant air carriers diate consideration. It has been argued that the high den- at certain high density traffic airports) The PRESIDING OFFICER. The sity rule, which limits the number of Mr. MCCAIN. Mr. President, finally, I clerk will report. slots or flights at National, is a restric- send to the desk amendment No. 1904 The legislative clerk read as follows: tion on our free market and hurts con- NOWE sumers. I do not dispute the fact that on behalf of Senator S , and I ask The Senator from Virginia [Mr. ROBB] for flight limits at National restrict free for its immediate consideration. himself, Mr. SARBANES and Ms. MIKULSKI; The PRESIDING OFFICER. Without proposes an amendment numbered 2259 to market. I believe, however, that the objection, the clerk will report. amendment No. 1892. proponents of additional flights give an The legislative clerk read as follows: Beginning on page 12 of the amendment, inaccurate picture of the supposed ben- The Senator from Arizona [Mr. MCCAIN], strike line 18 and all that follows through efits of forcing flights on National Air- for Ms. SNOWE, proposes an amendment num- page 19, line 2, and redesignate the remain- port. bered 1904. ing subsections and references thereto ac- Before I go on to discuss the impact cordingly. The amendment is as follows: of additional flights on communities in At the end of title V of the Manager’s sub- Mr. ROBB. Mr. President, I thank my Northern Virginia, I would like to de- stitute amendment, add the following: friend and colleague from Arizona for flate the idea that more flights will SEC. ll. REQUIREMENT TO ENHANCE COMPETI- accepting three out of four of the necessarily be a big winner for con- TIVENESS OF SLOT EXEMPTIONS amendments I have proposed. I had sumers. FOR AIR SERVICE hoped we might someday find a way he Based on the number of GAO reports AND NEW ENTRANT AIR CARRIERS could accept the fourth. I am very AT CERTAIN HIGH DENSITY TRAFFIC we have had on this subject, some of AIRPORTS. much aware of the fact, however, that our colleagues may think slot controls (a) IN GENERAL.—Subchapter I of chapter he and some others are not inclined to are somehow the primary cause of con- 417, as amended by sections 507 and 508, is do that. I have, therefore, sent to the sumer woes. When we look at the facts, amended by adding at the end thereof the desk an amendment, just read by the however, this simply is not the case. following: clerk in its entirety, which simply I understand reports by the GAO and ‘‘§ 41721. Requirement to enhance competi- strikes the section of the amendment by the National Research Council tiveness of slot exemptions for nonstop re- that deals with the number of addi- argue that airfares at slot-controlled gional jet air service and new entrant air tional slots at National Airport. airports are higher than average. How- carriers at certain airports In this particular case, this amend- ever, the existence of higher-than-aver- ‘‘In granting slot exemptions for nonstop ment offered by the Senator from age fares does not tell us how slot con- regional jet air service and new entrant air carriers under this subchapter to John F. Washington, while a step in the right trols may contribute to high fares at a Kennedy International Airport, and La direction from the original bill lan- specific airport. Many other factors, Guardia Airport, the Secretary of Transpor- guage which would have required that such as dominance of a given market tation shall require the Federal Aviation Ad- an additional 48 slots be forced on the by a particular carrier, or the leasing ministration to provide commercially rea- Washington National Airport Author- terms for gates, play a role in deter- sonable times to takeoffs and landings of air ity, nonetheless cuts that in half and it mining price. Also, simply noting the flights conducted under those exemptions.’’. gets halfway to the objective I hope we higher-than-average fares do not tell us (b) CONFORMING AMENDMENT.—The chapter can ultimately achieve in this par- analysis for subchapter I of chapter 417, as whether slot controls are really a sig- amended by this title, is amended by adding ticular case. nificant problem for the Nation. at the end thereof the following: The amendment would reduce to zero The U.S. Department of Transpor- ‘‘41721. Requirement to enhance competitive- the number of changes in the slots that tation has examined air service on a ness of slot exemptions for non- are currently in existence at Ronald city-by-city basis looking at all service stop regional jet air service and Reagan Washington National Airport. to each city. This chart shows a 1998 new entrant air carriers at cer- My primary objection to this section third quarter DOT assessment of air- tain airports.’’. is that it breaks a commitment to the fares, ranking each city based on the Mr. MCCAIN. Mr. President, this citizens of this region, by injecting the average cost per mile traveled. As you amendment has been cleared on the Federal Government back into the can see, the airports with the slot con- other side, and there is no further de- management of our local airports. trols are not at the top of the list. In bate on the amendment. Before I discuss this issue in detail, I fact, they do not even make the top The PRESIDING OFFICER. Without wish to make clear that I fully support 106. Slot-controlled Chicago, as my dis- objection, the amendment is agreed to. nearly all of the underlying legislation tinguished colleague from Illinois has The amendment (No. 1904) was agreed and have for some period of time. Con- pointed out, comes in at No. 19, right to. gress ought to approve a multiyear after Atlanta, GA; slot-controlled Mr. MCCAIN. Mr. President, I yield FAA reauthorization bill that boosts Washington, DC, comes in at 25, which the floor. our investment in aviation infrastruc- is after Denver; and slot controlled October 5, 1999 CONGRESSIONAL RECORD — SENATE S11905 New York is way down the list at No. weighed against the cost of delays to would restrict air flights over both 42. consumers and airliners. small and large parks. I submit that is Clearly, there are factors beyond slot There is simply no getting around the right thing to do. We should work controls that weigh heavily in deter- the fact that National has limits on to preserve the sanctity of our national mining how expensive air travel is in a how many flights it can safely manage. parks. But while this bill abandons free particular city. So simply adding more As we try to get closer to that max- market principles to shield our parks, flights will not necessarily bring costs imum safe number, the more delays we it uses free market principles as a down. will face. sword to cut away at the quality of life Proponents of adding more slots at The DOT report goes on to examine in our Nation’s Capital. It is wrong to National may argue, nonetheless, that the specific impact of adding 48 new try to force Virginians and those who their proposal is a slam-dunk win for slots, as proposed by the underlying live in this area, Maryland and the Dis- consumers. But on closer examination, legislation. The report finds that the trict of Columbia and elsewhere, to en- more flights look less like a game-win- length of delays will nearly double dure more noise from National Airport, from an average of something around ning move and more like dropping the especially when the consumer benefits 4.6 minutes to a delay of 8 minutes, on ball. are so small and so uncertain. Most average. I will discuss the costs of Advocates of more flights ignore or troubling of all is the fact that this bill these delays at National Airport in a downplay a central fact: More flights breaks a promise to the citizens of this moment. mean more delays, as the Senator from region, a promise that they would be Illinois has so eloquently pointed out. But in case some of my colleagues think that a few minutes of delay is left to manage their own airports with- More flights mean more harm to con- out Federal meddling. To give the con- sumers in the airline industry. This is not a problem for air travelers, the Air Transport Association has estimated text surrounding that promise, I must the untold story of the impact of more review some of the history of the high flights at National. that last year delays cost the industry $2.5 billion in overtime wages, extra density rule and the perimeter rule at The most recent GAO study National. downplays this issue in a passing ref- fuel, and maintenance. Indeed, yester- erence to the impact of delays. Accord- day I was flying up and down the east National, as many of our colleagues ing to the GAO: coast and all of those charges were know, was built in 1941. It was, there- clearly adding to the cost of the air- fore, not designed to accommodate [I]f the number of slots were increased . .. line, which will ultimately be passed delays. . .could cause the airlines to experi- large commercial jets. As a result, dur- ence a decreased profit . . . the costs [of on to the consumer. ing the 1960s, as congestion grew, Na- delay] associated with the increase would be For consumers, there were 308,000 tional soon became overcrowded. To partially offset by consumer benefits. flight delays and millions of hours of address chronic delays, in 1966, the air- A 1999 National Research Council re- time lost. For National in particular, lines themselves agreed to limit the port acknowledges that delays result- the 1995 DOT report finds that airlines number of flights at National. They ing from more flights may hurt con- would see $23 million in losses due to also agreed to a perimeter rule to fur- delays. For consumers, 48 new slots sumers: ther reduce overcrowding. Long haul would provide little benefit overall. service was diverted to Dulles. During [I]t is conceivable that many travelers Consumers would see $53 million in new would accept additional delays in exchange the 1970s and early 1980s, improvements service benefits, but delays would cost for increased access to [slot-controlled] air- were negligible or nonexistent at both ports. . . . Recurrent delays from heavy de- consumers $50 million. The report assumes no benefits from National and Dulles, as any of our col- mand, however, would prompt direct re- leagues who served in this body or the sponses to relieve congestion. fare reductions with 48 slots, but, being other body at that time will recall, be- Later on the report suggests ‘‘conges- generous, I have assumed an estimated fare reduction of $20 million from fare cause there was no certainty to the air- tion pricing’’ to prevent delays. Con- line agreements. gestion pricing would raise airport benefits listed elsewhere in the report. charges and, thus, airfares during busy Consumer benefits, therefore, are $53 National drained flights from Dulles times to reduce delays. In other words, million for new service; minus $50 mil- so improvements at Dulles were put on the National Research Council is sug- lion for delays, plus $20 million for pos- hold. Litigation and public protest over gesting that additional flights would sible discounts, for a total of about $23 increasing noise at National blocked force consumers to either accept more million. improvements there. As my immediate Considering the fact that about 16 delays or accept price hikes to manage successor as Governor, Jerry Baliles, million travelers use National each delays. described the situation in 1986: year, that works out to about $1.50 per I understand the underlying bill says person per trip in savings. National is a joke without a punchline— that additional slots shall not cause That is not much benefit for the 48 National Airport has become a national dis- ‘‘meaningful delay.’’ The legislation slots. For 24 slots, as the Gorton grace. National’s crowded, noisy, and incom- does not define ‘‘meaningful delay,’’ prehensible. Travelers need easy access to amendment provides, we don’t have a the terminal. What they get instead is a half however, or provide any mechanism to good analysis of the cost of delay. I protect consumers from delays, should marathon, half obstacle course, and total suspect, however, the ultimate con- confusion. they occur. sumer benefits are similarly modest. While both the GAO and the NRC re- We all value the free market and the To address this problem, Congress ports acknowledge we can expect benefit it provides to consumers. At codified the voluntary agreements the delays, neither report examines the the same time, it is the job of Congress airlines had adopted on flight limits specific impact of delays on consumers. to weigh the benefits of an unre- and created an independent authority The most detailed analysis that is strained market against other cher- to manage the airports. The slot rules available to us comes from a 1995 DOT ished values. The free market does not limited the number of flights and noise study titled ‘‘A Study of the High Den- protect our children from pollution, at National, and the perimeter rule in- sity Rule.’’ That report examines the guard against monopolies, or preserve creased business at Dulles. Together impact of several scenarios, including our natural resources. In this case, we with local management of the airports, removing slots at National completely, are weighing a small benefit that these rules provided what we thought and allowing 191 new flights, the max- would come from an additional 24 slots was long-term stability and growth for imum the airport could safely accept at National against the virtues of a both airports. More than $1.6 billion in according to their report. Government that keeps its word and bonds have supported the expansion of According to experts at DOT: against the peace of mind of thousands Dulles. More than $940 million has been [T]he estimated dollar benefit of lifting the of Northern Virginians, as well as invested to upgrade National. These slot rule at National is substantially nega- many in the District of Columbia and major improvements would not have tive: minus $107 million. Maryland. taken place without local management This figure includes the benefits of Elsewhere in this bill, we would re- and without the stability provided by new service and fare reductions, strain the market. The legislation the perimeter and slot rules. S11906 CONGRESSIONAL RECORD — SENATE October 5, 1999 The local agreement on slot controls According to Congressman Dick To summarize, the additional flights was not enacted into Federal law sim- Armey: proposed in this bill are not designed to ply to build good airports. Slot con- Transferring control of the airports to an address some major restraint on avia- trols embodied a promise to the com- independent authority will put these air- tion competition. Slot controls may re- munities of Northern Virginia and ports on the same footing as all others in the spect competition, but there are clear- Washington and Maryland. country. It gets the Federal Government out ly many factors affecting airfares. In the 1980s, there was some discus- of the day-to-day operation and management More importantly, the benefits to con- sion of shutting down National com- of civilian airports, and puts this control into the hands of those who are more inter- sumers of 24 additional flights at Na- pletely. Anyone who was here at the ested in seeing these airports run in the tional are very uncertain. We will time will recall that discussion and the safest and most efficient manner possible. clearly have delays, and none of the prospect that National might actually I submit that local airports in Vir- studies supporting additional flights be shut down. We avoided that fate and ginia have been well managed to date. have examined in detail the cost of the resulting harm to consumer choice We shouldn’t now start second-guess- those delays. The best study we have with an agreement to limit National’s ing that effort. on the subject, a 1995 DOT report, sug- growth. I suspect some individuals in Again, the legislation before us re- gests that because of those delays, con- communities around National believe neges on the Federal commitment to sumers won’t get much benefit—maybe the agreement did not protect them this region that the Federal Govern- $1.50 per person, on average. enough and should have limited flights ment would not meddle in airport man- We don’t know how the delays at Na- even more. But by giving them some agement and that we would not force tional—which we know will come if we sense of security that airport noise additional flights on National. Con- approve the new flights—will affect air would not continue to worsen by giving gress repeated that commitment in service in other cities with connecting them a commitment, we were able to 1990 with the Airport Noise Capacity flights to National. We are balancing move ahead with airport improve- Act which left in place existing noise these marginal benefits against the ments. control measures across the country. quality of life in communities sur- Congress and the executive branch That act, wherein Congress limited rounding the National Airport. We are recognized the community outrage new noise rules and flight restrictions, pitting improved service for a few that had blocked airport work and af- also recognized that the Federal Gov- against quieter neighborhoods for firmed that a Federal commitment in ernment should not overrule pre- many. We are also pitting a small, un- law would allow improvements to go existing slot controls, curfews, and certain benefit to consumers against forward. the integrity of the Federal Govern- In 1986 hearings on the airport legis- noise limits. The 1990 act left in place ment. lation, Secretary of Transportation preexisting rules, including flight lim- Forcing additional flights on Na- Elizabeth Dole stated: its at National. The bill before us contributes to the tional breaks an agreement that Con- With a statutory bar to more flights, noise gress made in 1986 to turn the airport levels will continue to decline as quieter air- growing cynicism with which the pub- craft are introduced. Thus all the planned lic views our Federal Government. over to a regional authority and leave projects at National would simply improve Overruling protections that airport it alone. the facility, not increase its capacity for air communities have relied on is fun- A vote for this amendment to strike traffic. Under these conditions, I believe that damentally unfair. is a vote against more delays for con- National’s neighbors will no longer object to Beyond the matter of fairness, forc- sumers. A vote for this amendment is a the improvements. ing flights on National sets a precedent vote in favor of a Federal Government As the Senate Committee on Com- that will affect communities across the that keeps its word. I urge my col- merce report noted at the time: Nation. Many communities, such as Se- leagues to support this amendment to [I]t is the legislation’s purpose to author- attle, WA, and , CA, are try- strike and retain the bargain, both im- ize the transfer under long-term lease of the ing to determine how they will address plied and explicit, that we made in 1986 two airports ‘‘as a unit to a properly con- growing aviation needs and how their with the communities that surround stituted independent airport authority to be the two airports in question. created by Virginia and the District of Co- actions will affect communities around lumbia in order to improve the management, their airports. I yield the floor. operation and development of these impor- Those debates will determine how The PRESIDING OFFICER. The tant transportation assets.’’ communities will treat their existing Chair recognizes the Senator from Ari- Local government leaders, such as airport, whether they will close the zona. Arlington County Board member John airport to prevent possible growth in Mr. MCCAIN. Mr. President, I thank Milliken, at that time noted that they excess noise or leave it open to pre- my friend from Virginia. I understand sought a total curfew on all flights and serve consumer benefits, with the un- his passion and commitment on this shrinking the perimeter rule but, in derstanding that growth will be re- issue. On this particular issue, we sim- the spirit of compromise, would accept strained. ply have an honorable disagreement. specific limitations on flights and the Those debates will also determine the He makes a very cogent argument, but perimeter rule. location of new airports, whether a with all due respect, I simply am not in The airport legislation was not sim- community will place the airport in a agreement. I have a different view and ply about protecting communities from convenient location or further remove perspective. He and I have debated this airport noise. It was also about the ap- it from population centers to avoid issue on a number of occasions in the propriate role of the Federal Govern- noise impacts. past. ment. Members of Congress noted at The action Congress takes today will I want to make a few additional the time that the Federal Government shape those debates. Knowing that points. Twelve new round-trip flights should not be involved in local airport Congress may intervene in local air- at Reagan National is barely accept- management. In short, local airports port management will tip the balance able to me. Because of Senator ROBB’s should be managed by local govern- toward closing the more convenient intense pressures and that of Senator ments, not through congressional local airports out of fear—fear that WARNER, and others, we have reduced intervention. Congress will simply stamp out a local it rather dramatically from what we At a congressional debate on the air- decision. had hoped to do. I know the Senator port legislation, Senator Robert Dole Unfortunately, for the citizens from Virginia knows I won’t give up on and Congressman Dick Armey affirmed around National, they trusted the Fed- this issue because of my belief. But 12 that Federal management of the air- eral Government. They hoped the Fed- additional round-trip flights are simply ports was harmful. According to Sen- eral Government agreement that they not going to help, particularly the un- ator Dole: had to limit flights would protect derserved airports all over America. There are a few things the Federal Govern- them. As former Secretary of Trans- The GAO has found on more than one ment—and only the Federal Government— portation William Coleman noted in occasion that significant barriers to can do well. Running local airports is not 1986, ‘‘National has always been a polit- competition still exist at several im- one of them. ical football.’’ portant airports, and both at Reagan October 5, 1999 CONGRESSIONAL RECORD — SENATE S11907 National Airport are slot controls and safety record and the environmental impact would have to meet any safety studies the perimeter rule. is no greater here than elsewhere. I have not done by the DOT before any additional The GAO is not the only one that as- heard any recent neighborhood ‘‘upset’’’ flights were allowed. about the increase in airport noise. Reagan sesses it that way. The National Re- National Airport is the most convenient air- Again, the GAO and the Department search Council’s Transportation Re- port that I have ever been in. I hope you will of Transportation—literally every ob- search Board recently issued its own do more to expand its benefit by expanding jective organization that observes the report on competition in the airline in- the range of flights in and out of it. situation at Reagan National Airport— dustry. This independent group also This is certainly another resident of say that increase in flights is called found that ‘‘the detrimental effects of Northern Virginia who has, in my view, for. The perimeter rule, which was put slot controls on airline efficiency and the proper perspective. Most local resi- in in a purely blatant political move, competition are well-documented and dents don’t get motivated to write such as we all know—coincidentally, the pe- are too far-reaching and significant to letters as the one I just read. Appar- rimeter rule reaches the western edge continue.’’ ently, there are those who drop flyers of the runway at Dallas-Fort Worth Based on its finding, the Transpor- in mailboxes asking people to write Airport. We all know who the majority tation Research Board recommended and complain. leader of the House was at that time. the early elimination of slot controls. I yield to the Senator from Virginia. We all know it has been a great boon to They were equally critical of perimeter Mr. ROBB. Mr. President, I thank my the Dallas-Fort Worth Airport. rules. colleague and friend from Arizona, Why wasn’t it in Jackson, MS? I As I mentioned during my opening with whom I agree on so many issues think if my dear friend, the majority statement, the GAO came out last but disagree on this particular ques- leader, had been there at the time, per- month with another study confirming tion. First of all, I will let the Senator haps it might have. that Reagan National is fully capable know that I am not in any way affili- But the fact is that the perimeter of handling more flights without com- ated or associated with an effort to get rule was artificially imposed for re- promising safety or creating signifi- people to write the Senator from Ari- straint. The Senator knows that as cant aircraft delays. In fact, language zona or anybody else. There may be well as I do. in the bill requires that any additional others with good intentions. But I sub- But back to his question, again, the flights would have to clear the Depart- mit to my friend from Arizona that the GAO, the DOT, the Aviation Commis- ment of Transportation’s assessment letter he just read makes the point we sion, and every other one indicate so far as any impact on safety. The are trying to make; that is, the letter— clearly that this is called for. I want to GAO demonstrates that their argu- which I haven’t seen yet—talks about remind the Senator. I do with some ments against these modest changes it was worse back in the early 1960s embarrassment—12 additional flights, are not persuasive. I regret this legisla- when we had a slots agreement which 12 additional round-trip flights? I think tion doesn’t do more to promote com- limited the number of planes. We had a my dear friend from Virginia doth pro- petition at Reagan National Airport. decrease in noise because of the air- test too much. I earlier read a statement from one of craft noise levels in the stage 3 air- Mr. ROBB. Mr. President, will my Senator ROBB’s constituents who al- craft. All of this is consistent with friend from Arizona yield for an addi- leged that he could not afford flights what has happened. Why most of the tional question? out of Reagan National Airport. Also, I individuals who live in these areas Mr. MCCAIN. Yes. got another letter that was sent to the want to continue to have the protec- Mr. ROBB. Mr. President, I ask my FAA aviation noise ombudsman and tions that were afforded to them by the friend from Arizona if he would address printed in his annual activity report. 1986 agreement is precisely what is in- the other two principal concerns that The noise ombudsman deals almost en- cluded in the letter my friend from Ari- have been raised—delays and the tirely with complaints about noise. zona just read. breaking of a deal. He has in part ad- The relevant section of that report I ask my friend from Arizona to react dressed the breaking of a deal. He says reads as follows: to my reaction to a letter previously the deal in effect was political. Indeed, unseen, but it seems to me to be di- Very few citizens who are not annoyed by there are some political implications airplane noise take the time to publicly or rectly on point and makes the point as in almost anything that is struck, par- privately voice an opinion. The Ombudsman to why we are pursuing an attempt to ticularly as it affects jurisdictions dif- received a written opinion from one such res- keep my friend from Arizona from ferently in this body, as the Senator idence in the area south of National Airport breaking that agreement. well knows. But it was a deal entered Mr. MCCAIN. I thank my friend. which said: into by the executive branch, Congress Recently, someone left a ‘‘flyer’’ in my First of all, the gentleman said 1960s mailbox urging that I contact you to com- and 1970s—not just 1960s, 1970s. He said on both sides, the governments of the plain about aircraft noise into and out of the the noise was much louder in the 1970s. local jurisdictions involved, and all of airport. I am going to follow her format In a report to Congress recently, Sec- the local communities. That was the point by point. retary Rodney Slater announced that deal that was entered into. Now we are I have lived in (the area) for 35 years. I the Nation’s commercial jet aircraft concerned about the impact of break- have not experienced any increase in aircraft fleet is the quietest in history and will ing the deal and the impact of addi- noise. I have noticed a reduction in the loud- tional delays. ness of the planes during that time. continue to achieve record low noise levels into the next century. Obviously, As I mentioned just a few minutes That makes sense, Mr. President, with stage 3 aircraft, that noise would ago, I myself was caught in delays that since aircraft engines are quieter and be dramatically lessened, thank God. I were exacerbated by the fact that we quieter. The citizen says: hope there is going to be a stage 4 that had some planes waiting to take off I do not observe aircraft flying lower. I will make it even quieter. Clearly, it is ‘‘right now.’’ That is without any addi- have not observed more aircraft following not, because actually the number of tional flight authorization during the one another more closely. I have not noticed time periods that are going to be the aircraft turning closer to the airport as flights have been reduced at Reagan opposed to ‘‘down river.’’ My quality of life National Airport since the perimeter sought. has not significantly been reduced by air- rule and the slot controls were put in— Second, certainly the Senator from craft noise. In fact, in the 1960s and 1970s, the because, as the Senator knows, the Illinois talked about the fact that the noise was much louder. I am not concerned major airlines aren’t making full use of mayor of Chicago came here for a spe- about property values due to the level of air- those slots as they are really required cific reception that was in his honor to craft noise. I would be very concerned if to do by, if not the letter of the law, benefit Chicago and was inconven- there were no noise because it would mean certainly the intent of the law. ienced to the point that he didn’t ar- the airport was closed. A closure of the air- I remind the Senator, the require- rive until after the reception was over port would make my neighborhood less desir- able to me and to many thousands of others ment is they all be stage 3 aircraft. and he turned right around. I almost who like the convenience of Reagan National New flights would have to be stage 4 did that yesterday on another flight. Airport. I am concerned about safety and en- aircraft. But the point is, more flights mean vironmental impacts, as everybody should The Senator just pointed out how more delays and mean breaking the be; but Reagan National Airport has a good stage 3 aircraft are much quieter. They deal that the Congress, the executive S11908 CONGRESSIONAL RECORD — SENATE October 5, 1999 branch, and the local governments AMENDMENT NO. 2254, AS MODIFIED section (a) may agree, subject to the court’s made with the people. Mr. HATCH. Mr. President, I ask approval, to extend the 60-day period speci- Will the distinguished Senator from unanimous consent to modify amend- fied in subsection (a)(1). Arizona address those two elements of ment No. 2254, which I filed earlier ‘‘(c)(1) In any case under this chapter, the my concern at this point? I agree cer- trustee shall immediately surrender and re- today, to conform to the previous turn to a secured party, lessor, or condi- tainly on the stage 3 engines and the unanimous consent agreement as it re- tional vendor, described in subsection (a)(1), continued noise reduction. lates to aviation matters. I send the equipment described in subsection (a)(2), if Mr. President, before he answers the modification to the desk. at any time after the date of commencement question, let me thank him for his ac- The PRESIDING OFFICER. Without of the case under this chapter such secured commodation in many areas. I am not objection, the amendment is so modi- party, lessor, or conditional vendor is enti- in any way diminishing the number of fied. tled under subsection (a)(1) to take posses- changes the Senator from Arizona has The amendment, as modified, is as sion of such equipment and makes a written demand for such possession of the trustee. made to try to address legitimate con- follows: cerns that he recognized could be ad- ‘‘(2) At such time as the trustee is required Insert at the appropriate place: under paragraph (1) to surrender and return dressed. And this is a less bad bill than SEC. . ROLLING STOCK EQUIPMENT. equipment described in subsection (a)(2), any we had earlier with respect to this par- (a) IN GENERAL.—Section 1168 of title 11, lease of such equipment, and any security ticular component of it. But we are United States Code, is amended to read as agreement or conditional sale contract relat- still not where the deal said we ought follows: ing to such equipment, if such security to be. We are still not where we can ‘‘§ 1168. Rolling stock equipment agreement or conditional sale contract is an represent to the people that we are not ‘‘(a)(1) The right of a secured party with a executory contract, shall be deemed re- going to be creating additional delays security interest in or of a lessor or condi- jected. in an obviously constricted area. tional vendor of equipment described in ‘‘(d) With respect to equipment first placed Mr. McCAIN. I would be glad to re- paragraph (2) to take possession of such in service on or before October 22, 1994, for equipment in compliance with an equipment purposes of this section— spond very quickly. Does the Senator ‘‘(1) the term ‘lease’ includes any written want an up-or-down vote on this security agreement, lease, or conditional sale contract, and to enforce any of its other agreement with respect to which the lessor amendment? and the debtor, as lessee, have expressed in Mr. ROBB. The Senator would defi- rights or remedies under such security agree- ment, lease, or conditional sale contract, to the agreement or in a substantially contem- nitely like it. poraneous writing that the agreement is to Mr. McCAIN. I would like to ask the sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise be treated as a lease for Federal income tax majority leader. Perhaps we can sched- affected by any other provision of this title purposes; and ule it right after the lunch along with or by any power of the court, except that the ‘‘(2) the term ‘security interest’ means a the other votes. I will ask the majority right to take possession and enforce those purchase-money equipment security inter- leader when he finishes his conversa- other rights and remedies shall be subject to est. ‘‘(e) With respect to equipment first placed section 362, if— tion. We are about to break for the in service after October 22, 1994, for purposes ‘‘(A) before the date that is 60 days after lunch period. Would the majority lead- of this section, the term ‘rolling stock equip- the date of commencement of a case under er agree to an up-or-down vote as part ment’ includes rolling stock equipment that this chapter, the trustee, subject to the of the votes that are going to take is substantially rebuilt and accessories used court’s approval, agrees to perform all obli- place after the lunch? on such equipment.’’. gations of the debtor under such security (b) AIRCRAFT EQUIPMENT AND VESSELS.— Mr. LOTT. That would be my pref- agreement, lease, or conditional sale con- Section 1110 of title 11, United States Code, erence, actually, Mr. President. If the tract; and is amended to read as follows: Senator will yield, I would like to get ‘‘(B) any default, other than a default of a that locked in at this point, if you kind described in section 365(b)(2), under ‘‘§ 1110. Aircraft equipment and vessels would like to do so. such security agreement, lease, or condi- ‘‘(a)(1) Except as provided in paragraph (2) Mr. McCAIN. I would be glad to. tional sale contract that— and subject to subsection (b), the right of a Could I just very briefly respond. We ‘‘(i) occurs before the date of commence- secured party with a security interest in have been down this track many times. ment of the case and is an event of default equipment described in paragraph (3), or of a Delays are due to the air traffic control therewith is cured before the expiration of lessor or conditional vendor of such equip- system, and obviously our focus and such 60-day period; ment, to take possession of such equipment in compliance with a security agreement, the reason why we have to pass this ‘‘(ii) occurs or becomes an event of default after the date of commencement of the case lease, or conditional sale contract, and to en- bill is to increase the capability of the and before the expiration of such 60-day pe- force any of its other rights or remedies, air traffic control system. Deals are riod is cured before the later of— under such security agreement, lease, or con- made all the time, my dear friend. The ‘‘(I) the date that is 30 days after the date ditional sale contract, to sell, lease, or oth- people of Arizona weren’t consulted. of the default or event of the default; or erwise retain or dispose of such equipment, The people of weren’t con- ‘‘(II) the expiration of such 60-day period; is not limited or otherwise affected by any sulted. It was a deal made behind and other provision of this title or by any power closed doors, which is the most un- ‘‘(iii) occurs on or after the expiration of of the court. ‘‘(2) The right to take possession and to en- pleasant aspect of the way we do busi- such 60-day period is cured in accordance with the terms of such security agreement, force the other rights and remedies described ness around here, where people were ar- lease, or conditional sale contract, if cure is in paragraph (1) shall be subject to section tificially discriminated against be- permitted under that agreement, lease, or 362 if— cause they happened to live west of the conditional sale contract. ‘‘(A) before the date that is 60 days after Dallas-Fort Worth Airport. It is an in- ‘‘(2) The equipment described in this the date of the order for relief under this equity, and it is unfair and should be paragraph— chapter, the trustee, subject to the approval fixed. ‘‘(A) is rolling stock equipment or acces- of the court, agrees to perform all obliga- Mr. LOTT. Mr. President, I ask unan- sories used on rolling stock equipment, in- tions of the debtor under such security imous consent that a vote on the Robb cluding superstructures or racks, that is sub- agreement, lease, or conditional sale con- tract; and amendment be included in the stacked ject to a security interest granted by, leased to, or conditionally sold to a debtor; and ‘‘(B) any default, other than a default of a sequence of votes after the policy ‘‘(B) includes all records and documents re- kind specified in section 365(b)(2), under such luncheon breaks. lating to such equipment that are required, security agreement, lease, or conditional The PRESIDING OFFICER. Without under the terms of the security agreement, sale contract that occurs— objection, it is so ordered. lease, or conditional sale contract, to be sur- ‘‘(i) before the date of the order is cured be- Mr. LOTT. Mr. President, if I may rendered or returned by the debtor in con- fore the expiration of such 60-day period; withhold for 1 second, I am concerned nection with the surrender or return of such ‘‘(ii) after the date of the order and before that there might be another Senator equipment. the expiration of such 60-day period is cured who would want to be heard on this ‘‘(3) Paragraph (1) applies to a secured before the later of— issue. If so, we will delay the vote mo- party, lessor, or conditional vendor acting in ‘‘(I) the date that is 30 days after the date its own behalf or acting as trustee or other- of the default; or mentarily. But I don’t know that that wise in behalf of another party. ‘‘(II) the expiration of such 60-day period; will be necessary, so let’s go ahead and ‘‘(b) The trustee and the secured party, les- and go forward with the stacked vote se- sor, or conditional vendor whose right to ‘‘(iii) on or after the expiration of such 60- quence. take possession is protected under sub- day period is cured in compliance with the October 5, 1999 CONGRESSIONAL RECORD — SENATE S11909 terms of such security agreement, lease, or directly to conference with the House These percentages represent a dra- conditional sale contract, if a cure is per- when the Senate passed a short term matic increase in the actual number of mitted under that agreement, lease, or con- extension bill for the Airport Improve- people using the air system, even when tract. ment Program. We need to have a seri- compared to the increase in air travel ‘‘(3) The equipment described in this paragraph— ous debate on the increasing demands that occurred over the last ten years. ‘‘(A) is— for air transportation, the capital re- Daily enplanements are expected to ‘‘(i) an aircraft, aircraft engine, propeller, quirements for our future air transpor- grow to more than 1 billion by 2009. In appliance, or spare part (as defined in section tation system, the availability of fed- 2010, there will be 828 million domestic 40102 of title 49) that is subject to a security eral funding and whether the current enplanements compared to last year’s interest granted by, leased to, or condi- structure of the aviation trust fund 554.6 million, and there will be 230.2 tionally sold to a debtor that, at the time will meet those needs, and finally, the million international enplanements such transaction is entered into, holds an air lack of competition and minimal serv- compared to today’s figure of 126.1 mil- carrier operating certificate issued under ice that most small and medium sized lion. Respectively, this represents an chapter 447 of title 49 for aircraft capable of carrying 10 or more individuals or 6,000 communities are faced with in this era annual growth of 3.4% and 4.95% per pounds or more of cargo; or of airline deregulation. year. Regional and commuter traffic is ‘‘(ii) a documented vessel (as defined in I want to commend Senators MCCAIN, expected to grow even faster at the section 30101(1) of title 46) that is subject to ROCKEFELLER and GORTON for their rate of 6.4%. Total enplanements in a security interest granted by, leased to, or hard work in resolving so many issues this category should reach 59.7 million conditionally sold to a debtor that is a water prior to bringing this bill to the floor. in 2010. As of September 1997, there carrier that, at the time such transaction is I am disturbed, however, by provisions were 107 regional jets operating in the entered into, holds a certificate of public in this bill which would force even U.S. airline fleet. In the FAA Aviation convenience and necessity or permit issued more planes into an already jammed by the Department of Transportation; and Forecasts Fiscal years 1998–2009, the ‘‘(B) includes all records and documents re- system in New York as well as Wash- FAA predicts that there will be more lating to such equipment that are required, ington’s National Airport. At a time than 800 of these in the U.S. fleet by under the terms of the security agreement, when delays are at an all-time high, we FY2009. lease, or conditional sale contract, to be sur- continue to authorize more flights into Correspondingly, the growth in air rendered or returned by the debtor in con- and out of these already busy airports. travel has placed a strain on the avia- nection with the surrender or return of such I am even more perplexed at the timing tion system and has further increased equipment. of the current call to privatize our Air delays. In 1998, 23% of flights by major ‘‘(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in Traffic Control System. While certain air carriers were delayed. MITRE, the its own behalf or acting as trustee or other- segments of the industry support this FAA’s federally-funded research and wise in behalf of another party. effort, we often too quickly gravitate development organization, estimates ‘‘(b) The trustee and the secured party, les- toward solutions such as privatization that just to maintain delays at current sor, or conditional vendor whose right to as cure all for whatever ails the sys- levels in 2015, a 60% increase in airport take possession is protected under sub- tem, instead of simply ensuring that capacity will be needed. As many of section (a) may agree, subject to the ap- the FAA has the tools and money it you may know, and perhaps experi- proval of the court, to extend the 60-day pe- needs to do its job. enced first hand, delays reached an all- riod specified in subsection (a)(1). ‘‘(c)(1) In any case under this chapter, the Aviation has become a global busi- time high this summer. These delays trustee shall immediately surrender and re- ness and is an important part of the are inordinately costly to both the car- turn to a secured party, lessor, or condi- transportation infrastructure and a riers and the traveling public; in fact, tional vendor, described in subsection (a)(1), vital part of our national economy. according to the Air Transport Asso- equipment described in subsection (a)(3), if Every day our air transportation sys- ciation, delays cost the airlines and at any time after the date of the order for re- tem moves millions of people and bil- travelers $3.9 billion for 1997. lief under this chapter such secured party, lions of dollars of cargo. While many We cannot ignore the numbers. These lessor, or conditional vendor is entitled predicted that an economy based on ad- statistics underscore the necessity of under subsection (a)(1) to take possession of such equipment and makes a written demand vanced communications and tech- properly funding our investment—we for such possession to the trustee. nology would reduce our need for trav- must modernize our Air Traffic Control ‘‘(2) At such time as the trustee is required el, the opposite has proved true. The system and expand our airport infra- under paragraph (1) to surrender and return U.S. commercial aviation industry re- structure. In 1997, the National Civil equipment described in subsection (a)(3), any corded its fifth consecutive year of Aviation Review Commission came out lease of such equipment, and any security traffic growth, while the general avia- with a report stating the gridlock in agreement or conditional sale contract relat- tion industry enjoyed a banner year in the skies is a certainty unless the Air ing to such equipment, if such security shipments and aircraft activity at FAA Traffic Control, ATC, system and Na- agreement or conditional sale contract is an executory contract, shall be deemed re- air traffic facilities. To a large extent, tional Air Space are modernized. A sys- jected. growth in both domestic and inter- tem-wide delay increase of just a few ‘‘(d) With respect to equipment first placed national markets has been driven by minutes per flight will bring commer- in service on or before October 22, 1994, for the continued economic expansion in cial operations to a halt. American purposes of this section— the U.S. and most world economies. Airlines published a separate study ‘‘(1) the term ‘lease’ includes any written The FAA Aerospace Forecasts Re- confirming these findings. A third, agreement with respect to which the lessor port, Fiscal Years 1999–2010, was issued done by the White House Commission and the debtor, as lessee, have expressed in in March of this year and forecasts the agreement or in a substantially contem- on Aviation Security and Safety, dated poraneous writing that the agreement is to aviation activity at all FAA facilities January 1997 and commonly known as be treated as a lease for Federal income tax through the year 2010. The 12-year fore- the Gore Commission, recommends purposes; and cast is based on moderate economic that modernization of the ATC system ‘‘(2) the term ‘security interest’ means a growth and inflation, and relatively be expedited to completion by 2005 in- purchase-money equipment security inter- constant real fuel prices. Based on stead of 2015. est.’’. these assumptions, U.S. scheduled do- Regrettably, as the need to upgrade Mr. HOLLINGS. Mr. President, I rise mestic passenger emplanements are and replace the systems used by our air today to discuss the Federal Aviation forecast to increase 50.4 percent—air traffic controllers grows, funding has Administration reauthorization bill carriers increasing 49.3 percent and re- steadily decreased since 1992. In FY ’92 and I am pleased we will have this op- gional/commuters growing by 87.5 per- the Facilities and Equipment account portunity to consider the current state cent. Total International passenger was funded at $2.4 Billion. In l997, F&E of the aviation industry and some of traffic between the United States and was $l.938 Billion. In 1998, the account the enormous challenges facing our air the rest of the world is projected to in- was funded at 1.901 billion. Assuming a transportation system over the next crease 82.6 percent. International pas- conservative 2015 completion date, the decade. I resisted efforts earlier this senger traffic carried on U.S. Flag car- modernization effort requires $3 billion year to bypass Senate consideration of riers is forecast to increase 94.2 per- per year in funding for the Facilities this major transportation bill and go cent. and Equipment Account alone, the S11910 CONGRESSIONAL RECORD — SENATE October 5, 1999 mainspring of the modernization effort. NATIONAL AIRSPACE REDESIGN Americans who use our air transpor- Unfortunately, S.82 authorizes $2.689 Mr. TORRICELLI. Mr. President, I tation system and live near our Na- billion for FY2000 while the Appropria- rise today in support of a provision in tion’s airports. tions Committee has provided only S. 82, the FAA Reauthorization Bill, Mr. TORRICELLI. Mr. President, I $2.075 billion. We are falling short that will provide an additional $36 mil- am grateful to Chairman MCCAIN and every year and losing critical ground in lion over three years to the National Senator HOLLINGS and ROCKEFELLER the race to update our national air Airspace Re-Design project, and to for their cooperation and support. I transportation system. thank Chairman MCCAIN and Senators look forward to collaborating with Increasing capacity through techno- HOLLINGS, and ROCKEFELLER for their them again on this very important logical advances is crucial to the critical role in securing this funding. issue. functionality of the FAA and the avia- Many of my colleagues may not real- Mr. BENNETT. Mr. President, I rise tion industry. Today, a great deal of ize this, but the air routes over the today to express my support for the ac- the equipment used by the Air Traffic U.S. have never been designed in a tions taken by the Commerce Com- Controllers is old and becoming obso- comprehensive way, they have always mittee and in particular, Chairman lete. Our air traffic controllers are the been dealt with regionally and incre- MCCAIN, in crafting provisions that front line defense and insure the safety mentally. In order to enhance effi- will allow exemptions to the current of the traveling public every day by ciency and safety, as well as reduce perimeter rule at Ronald Reagan Wash- separating aircraft and guiding take- noise over many metropolitan areas, ington National Airport. Mr. Chair- offs and landings. Our lives and those the FAA is undertaking a re-design of man, I commend you on creating a of our families, friends, and constitu- our national airspace. process which I believe fairly balances ents are in their hands. These control- In an effort to deal with the most the interests of Senators from states lers and technicians do a terrific job. challenging part of this re-design from inside the perimeter and those of us The fact that their equipment is so an- the outset, the FAA has decided to from western states without conven- tiquated makes their efforts even more begin the project in the ‘‘Eastern Tri- ient access to Reagan National. These limited exemptions to the pe- heroic. angle’’ ranging from Boston through We have the funds to modernize our rimeter rule will improve service to New York/Newark down to Miami. This air facilities but refuse to spend them the nation’s capital for dozens of west- airspace constitutes some of the busi- and by doing so Congress perpetuates a ern cities beyond the perimeter—while est in the world, with the New York fraud on the traveling public. The Air- ensuring that cities inside the perim- metropolitan area alone servicing over port and Airways Trust Fund, AAF, eter are not adversely impacted by new 300,000 passengers and 10,000 tons of was created to provide a dedicated service. This is a fair balance which is cargo a day. The delays resulting from funding source for critical aviation consistent with the overall intent of this level of activity being handled by programs and the money in the fund is the bill to improve air service to small the current route structure amount to generated solely from taxes imposed on and medium-sized cities. air travelers and the airline industry. over $1.1 billion per year. Throughout this bill, our goal has The fund was created so that users of While many of my constituents, and been to improve air service for commu- the air transportation system would I am sure many of Senators HOLLINGS’ nities which have not experienced the bear the burden of maintaining and im- and ROCKEFELLER’s as well, are pleased benefits of deregulation to the extent proving the system. The traveling pub- by the FAA’s decision to undertake of larger markets. The provision relat- lic has continued to honor its part of this difficult task, they are concerned ing to improved access to Reagan Na- the agreement through the payment of by the timetable associated with the tional Airport is no different. Today, ticket taxes, but the federal govern- re-design. The FAA currently esti- passengers from many communities in ment has not. mates that it could take as long as five the West are forced to double or even Congress has refused to annually ap- years to complete the project. How- triple connect to fly to Reagan Na- propriate the full amount generated in ever, my colleagues and I have been tional. My goal is to ensure that not the trust fund despite the growing working with the FAA to expedite this just large city point-to-point service needs in the aviation industry. The process, and this additional funding will benefit, but that passengers from surplus generated in the trust fund is will go a long way toward helping us all points west of the perimeter will used to fund the general operations of achieve this goal. have better options to reach Wash- government, similar to the way in In fact, I had originally offered an ington, DC via Ronald Reagan Wash- which Congress has used surplus gen- amendment to this legislation that ington National Airport. This provision erated in the Social Security trust would have required the FAA to com- is about using this restricted exemp- fund. At the end of FY 2000, the Con- plete the re-design process in two tion process to spread improved access gressional Budget Office predicts that years, but have withdrawn it because it throughout the West—not to limit the there will be a cash balance of $14.047 is my understanding that the Rocke- benefits to a few large cities which al- billion in the AATF, for FY2001, it will feller provision will allow the agency ready have a variety of options. be $16.499 billion. By FY2009, the bal- to expedite this project. Let me be clear, according to the lan- ance will grow to $71.563 billion. In- I want to recognize Senator ROCKE- guage contained in this provision, if stead of using these monies to fund the FELLER again for including this funding the Secretary receives more applica- operation of the general government, in the bill, and ask Chairman MCCAIN tions for additional slots than the bill we should use them to fund aviation and Senator ROCKEFELLER if it is the allows, DOT must prioritize the appli- improvements, which is what we prom- Committee’s hope that this additional cations based on quantifying the do- ised the American public when we en- funding will be used to expedite the Na- mestic network benefits. Therefore, acted and then increased the airline tional Re-Design project, including the DOT must consider and award these ticket tax. portion dealing with the ‘‘Eastern Tri- limited opportunities to western hubs Let’s get our aviation transport sys- angle’s’’ airspace. which connect the largest number of tem up to par and let’s provide ways to Mr. MCCAIN. Mr. President, I begin cities to the national air transpor- increase competition and maintain our by thanking my friend from New Jer- tation network. In a perfect world, we worldwide leadership in aviation. Let’s sey for his comments, and reassure him would not have to make these types of follow the lead of Chairman SHUSTER that it is the Committee’s hope that choices and could defer to the market- and Congressman OBERSTAR and vote the funding included in this legislation place. This certainly would be my pref- to take the Trust Fund off-budget. I will allow us to finish the National Air- erence. However, Congress has limited look forward to a thoughtful debate on space Re-Design more expeditiously, the number of choices thereby requir- these issues and I intend to work with including the ongoing effort in the ing the establishment of a process Senators MCCAIN, ROCKEFELLER, and Eastern Triangle. which will ensure that the maximum GORTON to accomplish this common Mr. ROCKEFELLER. Mr. President, I number of cities benefit from this goal of ensuring that the safest and hope this money will be used to speed change in policy. most efficient air transportation sys- up the re-design project and finally I commend the Chairman and his col- tem in the world stays so. bring some relief to the millions of leagues on the Commerce Committee October 5, 1999 CONGRESSIONAL RECORD — SENATE S11911 for their efforts to open the perimeter engender strong feelings on all sides. I colleagues noticed the Washington rule and improve access and competi- believe that the bipartisan leadership Post article discussing a further two- tion to Ronald Reagan Washington Na- of the aviation subcommittee, Senators year delay in the FAA’s deployment of tional Airport. As a part of my state- GORTON and ROCKEFELLER, performed a equipment to minimize runway incur- ment, I ask unanimous consent to have service to the Senate by crafting a sions—the very frightening cir- printed in the RECORD a letter sent to compromise that, while not satisfac- cumstance through which taxiing air- Chairman MCCAIN on this matter tory to all Senators, proposes a regime craft or other vehicles unknowingly signed by seven western Senators. that is much improved over the one stray onto active runways. There being no objection, the letter contained in the committee-reported Given these concerns, Mr. President, was ordered to be printed—the RECORD, bill. I want to commend Senators GORTON as follows: Mr. President, when the Senate is in and ROCKEFELLER for negotiating a reasonable compromise on this issue. U.S. SENATE, session, my wife and I reside in North- Washington, DC, August 23, 1999. ern Virginia, not far from the flight The Gorton-Rockefeller amendment Hon. JOHN MCCAIN, path serving Reagan National Airport. will reduce by half the increased num- Chairman, Committee on Commerce, Science, I have had misgivings about proposals ber of frequencies into Reagan Na- and Transportation, Washington, DC. to tinker with the status quo in terms tional Airport than was originally DEAR CHAIRMAN MCCAIN: We are writing to of the number of flights coming into sought. It will also reserve half of the commend you on your efforts to improve ac- Reagan National Airport and the dis- additional slots for flights serving cit- cess to the western United States from Ron- tances to which those flights can trav- ies within the 1,250 mile perimeter. ald Reagan Washington National Airport. We el. Despite efforts to reduce the levels Most importantly, Mr. President, these support creating a process which fairly bal- additional slots within the perimeter ances the interests of states inside the pe- of aircraft noise through the advent of rimeter and those of western states without quieter jet engines, I can tell my col- will be reserved for flights to small convenient access to Reagan National. leagues that the aircraft noise along communities, flights to communities These limited exemptions to the perimeter the Reagan National Airport flight without existing service to Reagan Na- rule will improve service to the nation’s cap- path is often deafening. It can bring all tional Airport, and flights provided by ital for dozens of western cities beyond the family conversation to a halt. Current either a new entrant airline, or an es- perimeter—while at the same time ensuring flight procedures for aircraft landing at tablished airline that will provide new that cities inside the perimeter are not ad- competition to the dominant carriers versely impacted by new service. This is a Reagan National Airport from the north call on the pilots to direct their at Reagan National. fair balance which is consistent with the As my colleague from West Virginia, overall intent of the bill to improve air serv- aircraft to the maximum extent pos- Senator ROCKEFELLER, knows well, no sible over the Potomac River. The in- ice to small and medium-sized cities. state has endured the ravages of airline The most important aspect of your pro- tent of this procedure is to minimize deregulation like West Virginia. We posal is that the Department of Transpor- the noise impact on residential com- have experienced a very severe down- tation must award these limited opportuni- munities on both the Maryland and turn in the quality, quantity and af- ties to western hubs which connect the larg- Virginia sides of the river. Notwith- est number of cities to the national trans- fordability of air service in our state. standing this policy, however, too portation network. In our view, this stand- Fares for flights to and from our state often the aircraft fail to follow that ard is the cornerstone of our mutual goal to have grown to ludicrous levels. A re- give the largest number of western cities im- guidance. That is not necessarily the fundable unrestricted round-trip ticket proved access to the Nation’s capital. We fault of the pilots. During the busiest between Reagan National Airport and trust that the Senate bill and Conference re- times of the day, the requirement to Charleston, West Virginia, now costs port on FAA reauthorization will reaffirm stray directly over certain residential this objective. $722. Conversely, Mr. President, I can communities is necessary for safety buy the same unrestricted round-trip In a perfect world, we would not have to reasons in order to maintain a min- make these types of choices. These decisions ticket to Boston, which is 100 miles far- would be better left to the marketplace. imum level of separation between the ther away than Charleston, and pay However, Congress has limited the ability of many aircraft queued up to land at less than half that amount. By tar- the marketplace to make these determina- Reagan National Airport. I invite my geting the additional slots to be pro- tions. Therefore, we must have a process colleagues to glance up the river dur- vided inside the perimeter to under- which ensures that we spread improved ac- ing twilight one day soon. There is a served communities, the Gorton- cess to Reagan National throughout the high probability that you will see the West. Rockefeller amendment has taken a lights of no fewer than four aircraft, all small but important step toward ad- We look forward to working with you as lined up, waiting to land, one right the House and Senate work to reconcile the dressing this problem. differences in the FAA reauthorization bills. after the other. At the present time, the largest air- Sincerely, I appreciate very much the earlier port in West Virginia does have some ORRIN G. HATCH, statements made by the distinguished direct service to Reagan National. We U.S. Senator. chairman of the Commerce Committee, face greater hurdles, frankly, in gain- LARRY E. CRAIG, Senator MCCAIN. The chairman pointed ing direct access to LaGuardia Airport U.S. Senator. out that the Department of Transpor- in New York, as well as improved serv- CONRAD BURNS, tation has indicated that safety will ice to Chicago O’Hare. The Gorton- U.S. Senator. not be compromised through additional Rockefeller amendment expands slots CRAIG THOMAS, flights at Reagan National Airport. I U.S. Senator. at those airports as well. As a member remain concerned, however, regarding ROBERT F. BENNETT, of the Transportation Appropriations U.S. Senator. the current capabilities of the air traf- Subcommittee, I intend to diligently MIKE CRAPO, fic control tower at that airport. The work with Senator ROCKEFELLER, Sec- U.S. Senator. air traffic controllers serving in that retary Slater and his staff, to see that MAX BAUCUS, facility have been quite outspoken re- West Virginia has a fair shot at the ex- U.S. Senator. garding the deficiencies they find with panded flight opportunities into these Mr. BYRD. Mr. President, I rise in the aging and unreliable air traffic slot controlled airports. support of the Gorton-Rockefeller control equipment in the tower. In- Again, in conclusion, I want to rise amendment. This amendment makes deed, the situation has become so se- in support of the Gorton-Rockefeller important revisions to the underlying vere that our FAA Administrator, Ms. amendment. It is a carefully crafted bill concerning the rules governing the Jane Garvey, mandated that the equip- compromise that is a great improve- allocation of slots at the nation’s four ment in that facility be replaced far ment over the underlying committee slot-controlled airports—Chicago sooner than was originally anticipated. bill, and gives appropriate attention to O’Hare, LaGuardia, Kennedy, and Even so, the new equipment for that fa- the needs of under-served communities. Reagan National Airports. The issues cility has, like so many other FAA pro- KEEPING AVIATION TRUST FUND ON BUDGET surrounding the application of the high curements, suffered from development Mr. LOTT. Mr. President, I under- density rule, and the perimeter rule, problems and extended delays. Just stand that the Senator from New Mex- are both complex and delicate. They this past weekend, I know many of my ico and the Senator from Alabama had S11912 CONGRESSIONAL RECORD — SENATE October 5, 1999 filed four amendments that they were modes of transportation—not to men- relies on aviation more than does my considering offering during Senate con- tion investment in other social pro- state of Alaska. Yet, changing the sideration of S. 82, the FAA reauthor- grams. budgetary treatment of the aviation ization legislation. After discussions Mr. LOTT. I share the concerns of accounts is, in my estimation, short- with them, with the managers of the the Senator from and sighted and irresponsible. The FAA is bill and other interested Members, I would mention that the Senator from to be commended, along with the air- understand the Members no longer feel and the Senator from Ala- lines, for the level of safety they have it necessary to offer their amendments. bama have informed me on more than contributed to achieving. However, the Mr. DOMENICI. The Leader’s under- one occasion that if a change in the FAA is not known as the most efficient standing is correct. After discussions budgetary treatment of the aviation of agencies. Unfortunately, the FAA with the managers of the reauthoriza- accounts, whether off-budget or a fire- has had substantial problems on vir- tion bill, I am comfortable with the as- wall, is included in the conference re- tually every major, and minor, pro- surances of the Majority Leader and port, it would make it extraordinarily curement and has been the subject of the distinguished Chairman of the difficult to consider the conference re- numerous audits and management re- Commerce Committee on their com- port in the Senate. If that occurs the ports that invariably call for increased mitment to preserve the current budg- prospect of a multi-year aviation reau- accountability and oversight. Changing etary treatment for aviation accounts thorization may disappear and we may budgetary treatment cannot have in the conferenced bill. have to settle for a simple one-year ex- other than a detrimental effect on the Mr. SHELBY. I, too, share the Sen- tension of the Airport Improvement oversight efforts of the two committees ator’s understanding, and would note Program. of jurisdiction that I serve on. For that that there is much to praise in both Mr. DOMENICI. I associate myself reason as well as the reasons men- H.R. 1000 and S. 82 without regard to with the remarks of my Leader and tioned by the Leader, the Senators changing budgetary treatment of the would also note that there has been from Alabama, New Mexico and New aviation accounts. I would be very dis- much discussion by the proponents of Jersey, I cannot support a change in appointed if the prospect of a changing the budgetary treatment of budgetary treatment for the aviation multiyear reauthorization were frus- the FAA accounts because of the need accounts. trated by the House’s intransigence on to spend more from the airport and air- Mr. MCCAIN. Mr. President, I hear changing the budgetary treatment of ways trust fund. I would like to set the and share the views of my colleagues the aviation accounts to the detriment record straight—for the last five years, on this issue. Clearly, I have been of all other discretionary spending, in- we have spent more on the aviation ac- tasked by the Senate and the Leader cluding Amtrak, drug interdiction ef- counts than the airport and airways with successfully completing a con- forts of the Coast Guard, as well as trust fund has taken in. In addition, ference with the House on multi-year many of the domestic programs funded the Department of Transportation has aviation reauthorization legislation. I, in appropriations bills other than the estimated that we have spent in excess too, oppose any change in budgetary one I manage as the Chairman of the of $6 billion more on FAA programs treatment of the aviation accounts. Transportation appropriations sub- than total receipts into the Airport Mr. DOMENICI. I note that the Ad- committee. and Airways Trust Fund over the life ministration strongly opposes any pro- According to the Administration, the of the trust fund. visions that would drain anticipated budget treatment envisioned in H.R. Mr. GORTON. My colleagues have budget surpluses prior to fulfilling our 1000 would create an additional $1.1 bil- been very clear as to their position on commitment to save Social Security. lion in outlays, which if it were ab- this issue. As a member of all three of The House bill asks us to do for avia- sorbed out of the DOT budget would the interested committees, Budget, tion what isn’t done for education, vet- mean: ‘‘elimination of Amtrak capital Commerce, and Appropriations, I ap- erans’ benefits, national defense, or en- funding, thereby making it impossible preciate this issue from all the dif- vironmental protection. As important for Amtrak to make the capital invest- ferent perspectives. In short, I believe as aviation investment is, it would be ments needed to reach self-sufficiency; that we need to spend more on aviation fiscally irresponsible of us to grant it a and severe reductions to Coast Guard, infrastructure investment, but that in- bye from the budget constraints we the Federal Railroad Administration, creased investment should have to face with in funding virtually every Saint Lawrence Seaway, the Office of compete with other transportation and other program. the Inspector General, the Office of the other discretionary spending priorities. Mr. SHELBY. The assurances of my Secretary, and the Research and Spe- I think the record shows that Senator Leader and the distinguished Chairman cial Programs Administration funding, SHELBY, Senator STEVENS, as well as of the Commerce Committee are all greatly impacting their operations.’’ the Senator from New Mexico and the this Senator needs, and I withdraw my Clearly, firewalls or off-budget treat- Senator from Arizona are strong advo- filed amendments. ment for the aviation accounts is a cates for the importance of investing in budget buster that would only further airport and aviation infrastructure. I Mr. LOTT. I thank my colleagues. exacerbate the current budget prob- share their concern that firewalling or Mr. WARNER. Mr. President, I will lems we face staying under the spend- taking the aviation trust fund off- offer an amendment to give Reagan Na- ing caps. budget would allow FAA spending to be tional and Dulles International Air- Mr. LAUTENBERG. The Senator exempt for congressional budget con- ports equitable treatment under Fed- from Alabama and the Chairman of the trol mechanisms, providing aviation eral law that is enjoyed today by all of Appropriations Committee make a accounts with a level of protection the major commercial airports. good point. There is more at stake here that is not warranted and I will not Congress enacted legislation in 1986 than just aviation. Our experience over support such a proposition in con- to transfer ownership of Reagan Na- the last two years demonstrates that ference. tional and Dulles Airports to a regional mandated increases in certain trans- Mr. DOMENICI. I appreciate the com- authority which included a provision portation accounts makes it extraor- ment of the Senator from Washington to create a Congressional Board of Re- dinarily difficult to fund other trans- and look forward to working with him view. portation accounts. While aviation in- on this important issue. Immediately upon passage of the 1986 vestment is critical to the continued Mr. STEVENS. Mr. President, I, too, Transfer Act, local community groups growth, development and quality of life serve on more than one of the inter- filed a lawsuit challenging the con- of New Jersey and the Northeast, so is ested committees. On Commerce with stitutionality of the board of review. the continued improvement of Amtrak the Leader, the Senator from Arizona, The Supreme Court upheld the lawsuit service and an adequately funded Coast and the Senator from Washington, and and concurred that the Congressional Guard. Taking care of one mode of on the Appropriations Committee with Board of Review as structured as un- transportation with a firewall belies the Senator from New Mexico, the Sen- constitutional because it gave Mem- the reality and the importance of pro- ator from Alabama, and the Senator bers of Congress veto authority over viding adequate investment in other from Washington. No member’s state the airport decisions. The Court ruled October 5, 1999 CONGRESSIONAL RECORD — SENATE S11913 that the functions of the board of re- Nation’s airports. Unlike any other air- service to this facility will be unneces- view was a violation of the separation port in the country, the full share of sary. The total cost of this project is of powers doctrine. federal funds have been withheld from $51.1 million, with $46.8 million funded During the 1991 House-Senate con- Dulles and Reagan National for over by PFCs. ference on the Intermodal Surface two years. Increased baggage handling capacity: Transportation Efficiency Act These critically needed funds have With increased passenger levels come (ISTEA), I offered an amendment, halted important construction projects increase demands for handling bag- which was adopted, to attempt to re- at both airports. Of the over $146 mil- gage. PFC funding is necessary to con- vise the Board of Review to meet the lion that is due, approximately $161 struct a new baggage handling area for constitutional requirements. million will fund long-awaited con- inbound and outbound passengers. The Those provisions were also chal- struction projects and $40 million is total cost of this project is $38.7 mil- lenged and again were ruled unconsti- needed to fund associated financing lion, with $31.4 million funded by PFCs. tutional. costs. At Reagan National there are two In 1996, in another attempt to address I respect the right of the Senate to major projects that are dependent on the situation, the Congress enacted exercise its constitutional duties to the Authority’s ability to implement legislation to repeal the Board of Re- confirm the President’s nominees to passenger facility charges (PFCs). view since it no longer served any func- important federal positions. I do not, Historic main terminal rehabilita- tion due to several federal court rul- however, believe that it is appropriate tion: Even though the new terminal at ings. In its place, Congress increased to link the Senate’s confirmation proc- Reagan National was opened last year, the number of federal appointees to the ess to vitally needed federal dollars to the entire Capital Development Pro- MWAA Board of Directors from 1 to 3 operate airports. gram will not be complete until the members. Also, I must say that I can find no historic main terminal is rehabilitated In addition to the requirement that justification for the Senate’s delay in for airline use. This project includes the Senate confirm the appointees, the considering the qualifications of these the construction of nine air carrier statute contains a punitive provision nominees to serve on the MWAA Board. gates, renovation of historic portions which denies all federal Airport Im- To my knowledge, no one has raised of the main terminal for continued pas- provement Program entitlement grants concerns about the qualifications of senger use and demolition of space that and the imposition of any new pas- the nominees. We are neglecting our is no longer functional. The total cost senger facility charges to Dulles Inter- duties. of this project is $94.2 million with $20.7 national and Reagan National if the For this reason, I am introducing an million to be paid for by AIP entitle- appointees were not confirmed by Octo- amendment today to repeal the puni- ment grants and $36.2 million to be ber 1, 1997. tive prohibition on releasing Federal funded with PFCs. Additional airfield Regretfully, Mr. President, the Sen- funds to the airports until the Federal work to accompany this project will ate has not confirmed the three Fed- nominees have been confirmed. cost $12.2 million, with $5.2 million eral appointees. Since October 1997, Airports are increasingly competi- funded by PFCs. Terminal connector expansion: In Dulles International and Reagan Na- tive. Those that cannot keep up with order to accommodate the increased tional, and its customers, have been the growing demand see the services go passengers moving between Terminals waiting for the Senate to take action. to other airports. This is particularly B and C (the new terminal) and Ter- Finally in 1998, the Senate Commerce true with respect to international serv- minal A, it is necessary to expand the Committee favorably reported the ices, and low-fare services, both of ‘‘Connector’’ between the two build- three pending nominations to the Sen- which are essential. ings. The total cost of the project is ate for consideration, but unfortu- As a result of the Senate’s inaction, $4.8 million, with $4.3 million funded by nately no further action occurred be- I provide for my colleagues a list of the PFCs. fore the end of the session because several major projects that are vir- Mr. President, my amendment is these nominees were held hostage for tually on hold since October, 1997. They aimed at ensuring that necessary safe- other unrelated issues. Many speculate are as follows: ty and service improvements proceed that these nominees have not been con- At Dulles International there are at Reagan National and Dulles. Let’s firmed because of the ongoing delay in four major projects necessary for the give them the ability to address con- enacting a long-term FAA reauthoriza- airport to maintain the tremendous sumer needs just like every other air- tion bill. growth that is occurring there. port does on a daily basis. At the beginning of the 105th Con- Main terminal concourse: It is This amendment would not remove gress in January 1997, Commerce Com- necessary to replace the current tem- the Congress of the United States, and mittee held hearings and approved the porary buildings attached to the main particularly the Senate, from its ad- three nominees for floor consideration. terminal with a suitable facility. This vise-and-consent role. It allows the Unfortunately, a hold was placed on terminal addition will include pas- money, however, which we need for the them on the Senate floor at the very senger hold rooms and airline support modernization of these airports, to end of the Congress. All three nominees space. The total cost of this project is flow properly to the airports. These were renominated by the President in $15.4 million, with $11.2 million funded funds are critical to the modernization January 1999. Nothing has happened by PFCs. program of restructuring them phys- since. Passenger access to main terminal: ically to accommodate somewhat larg- Mr. President, I am not here today to As the Authority continues to keep er traffic patterns, as well as do the join in that speculation. I do want, pace with the increased demand for necessary modernization to achieve however, to call to the attention of my parking and access to the main ter- safety-most important, safety-and colleagues the severe financial, safety minal, PFCs are necessary to build a greater convenience for the passengers and consumer service constraints this connector between a new automobile using these two airports. inaction is having on both Dulles and parking facility and the terminal. The Under the current situation these Reagan National. total cost of this project is $45.5 mil- funds have been held up. It is over $146 As the current law forbids the FAA lion, with $29.4 million funded by PFCs. million, which is more or less held in from approving any AIP entitlement Improved passenger access between escrow, pending the confirmation by grants for construction at the two air- concourse B and main terminal: With the Senate of the United States of ports and from approving any Pas- the construction of a pedestrian tunnel three individuals to this board. senger Facility Charge (PFC) applica- complex between the main terminal For reasons known to this body, that tions, these airports have been denied and the B concourse, the Authority confirmation has been held up. The access to over $146 million. will be able to continue to meet pas- confirmation may remain held up. But These are funds that every other air- senger demand for access to this facil- this amendment will let the moneys port in the country receives annually ity. Once this project is complete, ac- flow to the airports for this needed and are critical to maintaining a qual- cess to concourse B will be exclusively construction for safety and conven- ity level of service and safety at our by moving sidewalk, and mobile lounge ience. It is my desire that at a later S11914 CONGRESSIONAL RECORD — SENATE October 5, 1999 date, we can achieve the confirmation courage you to approve legislation this year Schafer, North Dakota; Frank of these three new members to the that reinvests a meaningful portion of the O’Bannon, Indiana; Kirk Fordice, Mis- board. revenues from federal outer continental shelf sissippi; William J. Janklow, South Da- (OCS) oil and gas development in coastal kota. f conservation and impact assistance, open Mr. DASCHLE. Mr. President, I space and farmland preservation, federal, NATURAL RESOURCE state and local parks and recreation, and thank the majority leader. We recog- CONSERVATION wildlife conservation including endangered nize and applaud the desire of a number of groups and organizations in this Mr. LOTT. Mr. President, I am species prevention, protection and recovery country to take the proceeds from this pleased to join my colleague from costs. Since outer continental shelf revenues non-renewable resource and reinvest a South Dakota, the minority leader, in come from nonrenewable resources, it makes portion of these outer continental shelf submitting for the RECORD and ac- sense to permanently dedicate them to nat- revenues in the conservation and en- knowledging the importance of a letter ural resource conservation rather than dis- hancement of our renewable resources. we received last week from 40 of our persing them for general government pur- When the Land and Water Conserva- Nation’s Governors. This letter is dis- poses. Around the nation, citizens have re- tion Fund was created more than thir- tinctly bipartisan and the signatories peatedly affirmed their support for conserva- tion through numerous ballot initiatives and ty years ago, the intention was for rev- represent both coastal and inland state and local legislation. We applaud both enues from off-shore oil and gas drill- states. It unequivocally demonstrates the Senate Energy and Natural Resources ing to be deposited into the fund, al- strong national support for reinvesting committee and the House Resources Com- lowing federal and state governments a substantial portion of federal outer mittee for conducting a bipartisan and inclu- to protect green space, improve wild- continental shelf (OCS) oil and gas de- sive process that recognizes the unique role life habitat and purchase lands for con- velopment revenues in coastal con- of state and local governments in preserving servation purposes. servation and impact assistance; open and protecting natural resources. The legislation reported by the Commit- In my state of South Dakota this space and farmland preservation; de- tees should, to the maximum extent possible, program has been particularly bene- velopment and maintenance of federal, permanently appropriate these new funds to ficial, helping local and state govern- state and local parks and recreation the states, to be used in partnership with ments to purchase park lands and de- areas; and wildlife conservation. The local governments and non-profit organiza- velop facilities in municipal and state Governors also stressed the importance tions to implement the various conservation parks throughout the state. of recognizing the role of state and initiatives. We urge the Congress to give Unfortunately, the Land and Water local governments in planning and im- state and local governments maximum flexi- bility in determining how to invest these Conservation Fund has rarely received plementing these conservation initia- funds. In this way, federal funds can be tai- adequate funding. tives. lored to complement state plans, priorities Congress has the opportunity this Although the signatories to this let- and resources. State and local governments year to pass legislation that would fi- ter did not identify specific legislation are in the best position to apply these funds nally ensure consistent funding for the to which they are lending support, I be- to necessary and unique conservation efforts, Land and Water Conservation Fund lieve that S. 25, the Conservation and such as preserving species, while providing and provide a permanent stream of rev- Reinvestment Act of 1999, of which I for the economic needs of communities. The enue for conservation. am a cosponsor along with 20 other legislation should be neutral with regard to both existing OCS moratoria and future off- We applaud the efforts of the Senate Senators, most nearly achieves the ob- shore development, and should not come at Committee on Energy and Natural Re- jectives outlined by the Governors. S. the expense of federally supported state pro- sources as well as the House Com- 25 has strong bipartisan support and of- grams. mittee on Natural Resources for con- fers Congress the best opportunity to We recognize that dedicating funds over a ducting the process thus far in a fair pass legislation this year. number of years to any specific use is a dif- and bi-partisan manner. I share the belief of these Governors ficult budgetary decision. Nevertheless, we We encourage these committees to that the 106th Congress has a historic believe that the time is right to make this continue their progress so that Con- opportunity to demonstrate our solid major commitment to conservation along the lines outlined in this letter. gress as a whole can debate and pass commitment to natural resource con- We look forward to working with you to what may well be the most significant servation for the benefit of future gen- take advantage of this unique opportunity conservation effort of the century. erations. I urge my colleagues on both and are available to help ensure that this f sides of the aisle to join hands in ad- commitment is fiscally responsible. Thank vancing this noble effort. you for your consideration of these legisla- ORDER OF PROCEDURE tive principles as you proceed to enact this I thank the Governors for their let- Several Senators addressed the ter. I invite the attention of my col- important legislation. Sincerely, Chair. leagues to this very important area John A. Kitzhaber, Oregon; Mike The PRESIDING OFFICER. The which is a win-win-win for those who Leavitt, Utah; Tom Ridge, Pennsyl- Chair recognizes the Senator from live in the coastal regions as I do, but vania; Mike Foster, ; John G. Utah. also inland Governors who will help us Rowland, Connecticut; Parris N. Mr. HATCH. Mr. President, I ask with conservation and preservation. Glendening, Maryland; Howard Dean, unanimous consent that I be allowed to I ask unanimous consent that this Vermont; Thomas R. Carper, Delaware; Christine Todd Whitman, New Jersey; speak as in morning business for up to letter be printed in the RECORD. 10 minutes. There being no objection, the letter James B. Hunt, Jr., ; Roy B. Barnes, ; Jim Hodges, The PRESIDING OFFICER. Is there was ordered to be printed in the South Carolina; Lincoln Almond, objection? RECORD, as follows: ; Angus S. King, Jr., Mr. HARKIN. Mr. President, I may SEPTEMBER 21, 1999. Maine; Gary Locke, Washington; Argeo object. I have been standing here about Hon. TRENT LOTT, Paul Cellucci, ; Cecil H. 45 minutes waiting to speak. I thought Majority Leader, U.S. Senate, Washington, DC. Underwood, West Virginia; Marc we were going to go back and forth Hon. THOMAS DASCHLE, Rancot, Montana; Don Siegelman, Ala- Minority Leader, U.S. Senate, Washington, DC. bama; Gray Davis, California; Mel across the aisle. I want to speak on the Hon. J. DENNIS HASTERT, Carnahan, Missouri; Benjamin J. bill, not as in morning business. Since Speaker of the House, House of Representatives, Cayetano, Hawaii; Jane Dru Hull, Ari- I like the Senator from Utah so much, Washington, DC. zona; Dirk Kempthorne, Idaho; Tony I will not object. I wanted to make my Hon. RICHARD GEPHARDT, Knowles, Alaska; George H. Ryan, Illi- point. Minority Leader, House of Representatives, nois; James S. Gilmore III, Virginia; The PRESIDING OFFICER. Is the Washington, DC. Jeanne Shabeen, New Hampshire; Bill Senator from requesting time to DEAR SENATORS LOTT AND DASCHLE AND Graves, Kansas; George E. Pataki, New speak? REPRESENTATIVES HASTERT AND GEPHARDT: York; Paul E. Patton, Kentucky; The 106th Congress has an historic oppor- Tommy G. Thompson, Wisconsin; Bill Mr. HARKIN. I did not hear the re- tunity to end this century with a major com- Owens, Colorado; Mike Huckabee, Ar- quest. mitment to natural resource conservation kansas; Frank Keating, ; Jim The PRESIDING OFFICER. Is the that will benefit future generations. We en- Geringer, Wyoming; Edward T. Senator from Iowa requesting, as part October 5, 1999 CONGRESSIONAL RECORD — SENATE S11915 of the unanimous consent request, an This is not a time for partisan dec- objectivity, courtesy, and patience opportunity to speak? larations of victory, but I am pleased [are] without blemish.’’ Mr. HARKIN. If I can follow the Sen- that my colleagues revisited their deci- Utah State Senator, Mike Dmitrich, ator from Utah for 10 minutes, yes, I sion to hold up the nomination. We are one of many Democrats supporting this request to speak. proceeding with a vote on the merits nomination, wrote, ‘‘[Mr. Stewart] has The PRESIDING OFFICER. Without on Stewart’s nomination, and we always been fair and deliberate and objection, it is so ordered. will then proceed upon an arranged shown the moderation and thoughtful- Mr. HATCH. Mr. President, I thank schedule to vote on other nominees in ness that the judiciary requires.’’ my colleague, and I apologize. I did not precisely the way that was proposed I understand that the American Bar realize he had been standing here all prior to the filibuster vote. Association has concluded that Ted this time. Ultimately, it is my hope for us, as Stewart meets the qualifications for f an institution, that instead of sig- appointment to the federal district court. This sentiment is strongly NOMINATION OF TED STEWART TO naling a trend, the last 2 weeks will in- stead look more like an aberration shared by many in Utah, including the BE DISTRICT JUDGE FOR THE recent president of the Utah State Bar. DISTRICT OF UTAH that was quickly corrected. I look for- ward to moving ahead to perform our For these reasons, Mr. Stewart was ap- Mr. HATCH. Mr. President, it is a constitutional obligation of providing proved for confirmation to the bench great pleasure for me to support the by an overwhelming majority vote of advice and consent to the President’s confirmation of a judicial candidate the Judiciary Committee. judicial nominees. who is the epitome of good character, To those who contend Mr. Stewart And now, I would like to turn our at- broad experience, and a judicious tem- has taken so-called anti-environmental tention to the merits of Ted Stewart’s perament. positions, I say: look more carefully at First, however, I think it appropriate nomination. I have known Ted Stewart his record. Mr. Stewart was the direc- that I spend a moment to acknowledge for many years. I have long respected tor of Utah’s Department of Natural the minority for relenting in what I his integrity, his commitment to pub- Resources for 5 years, and the fact is consider to have been an ill-conceived lic service, and his judgment. And I am that his whole record has earned the gambit to politicize the judicial con- pleased that President Clinton saw fit respect and support of many local envi- firmations process. My colleagues ap- to nominate this fine man for a seat on ronmental groups. pear to have made history on Sep- the United States District Court for Indeed, for his actions in protecting tember 21 by preventing the invocation the District of Utah. reserve water rights in Zion National of cloture for the first time ever on a Mr. Stewart received his law degree Park, Mr. Stewart was enthusiastically district judge’s nomination. from the University of Utah School of praised by this administration’s Sec- This was—and still is—gravely dis- Law and his undergraduate degree from retary of the Interior. appointing to me. In a body whose best Utah State University. He worked as a Consider the encomiums from the moments have been those in which practicing lawyer in Salt Lake City for following persons hailing from Utah’s statesmanship triumphs over partisan- 6 years. And he served as trial counsel environmental community: ship, this unfortunate statistic does with the Judge Advocate General in R.G. Valentine, of the Utah Wetlands not make for a proud legacy. the Utah National Guard. Foundation, wrote, ‘‘Mr. Stewart’s My colleagues, who were motivated In 1981, Mr. Stewart came to Wash- judgment and judicial evaluation of by the legitimate goal of gaining votes ington to work with Congressman JIM any project or issue has been one of un- on two particular nominees, pursued a HANSEN. His practical legal experience biased and balanced results.’’ short-term offensive which failed to ac- served him well on Capitol Hill, where Don Peay, of the conservation group complish their objective and risked he was intimately involved in the sportsmen for Fish and Wildlife, wrote, long-term peril for the nation’s judici- drafting of legislation. ‘‘I have nothing but respect for a man ary. There now exists on the books a Mr. Stewart’s outstanding record in who is honest, fair, considerate, and ex- fresh precedent to filibuster judicial private practice and in the Legislative tremely capable.’’ nominees with which either political Branch earned him an appointment to Indeed, far from criticism, Mr. Stew- party disagrees. the Utah Public Service Commission in art deserves praise for his major ac- I have always, and consistently, 1985. For 7 years, he served in a quasi- complishments in protecting the envi- taken the position that the Senate judicial capacity on the Commission, ronment. must address the qualifications of a ju- conducting hearings, receiving evi- Ultimately, the legion of letters and dicial nominee by a majority vote, and dence, and rendering decisions with testaments in support of Mr. Stewart’s that the 41 votes necessary to defeat findings of fact and conclusions of law. nomination reflects the balanced and cloture are no substitute for the demo- Mr. Stewart then brought his experi- fair judgment that he has exhibited cratic and constitutional principles ence as a practicing lawyer, as a legis- over his long and distinguished career. that underlie this body’s majoritarian lative aide, and as a quasi-judicial offi- Those who know Ted Stewart know he premise for confirmation to our Fed- cer, to the executive branch in State will continue to serve the public well. On a final note, Ted Stewart is need- eral judiciary. government. Beginning in 1992, he ed in Utah. The seat he will be taking But now the Senate is moving for- served as Executive Director of the has been vacant since 1997. So I am ward with the nomination of Ted Stew- Utah Departments of Commerce and deeply gratified that the Senate is now art. I think some of my colleagues real- Natural Resources. And since 1998, Mr. considering Mr. Stewart for confirma- ized they had erred in drawing lines in Stewart has served as the chief of staff tion. the sand, and that their position of Governor Mike Leavitt. I am grateful to my colleagues on threatened to do lasting damage to the Throughout Mr. Stewart’s career, in both sides of the aisle who helped get Senate’s confirmation process, the in- private practice, in the legislative this up and resolve what really was a tegrity of the institution, and, of branch, in the executive branch, and as very serious and I think dangerous course, the judicial branch of Govern- a quasi-judicial officer, he has earned problem for the Senate as a whole and ment. the respect of those who have worked for the judiciary in particular. The record of the Judiciary Com- for him, those who have worked with I yield the floor. mittee in processing nominees is a him, and those who were affected by The PRESIDING OFFICER. Under good one. I believe the Senate realized his decisions. And a large number of the previous order, the Chair recog- that the Committee will continue to people from all walks of life and both nizes the Senator from Iowa for up to hold hearings on those judicial nomi- sides of the political aisle have written 10 minutes. nees who are qualified, have appro- letters supporting Mr. Stewart’s nomi- f priate judicial temperament, and who nation. respect the rule of law. I had assured James Jenkins, former President of AIR TRANSPORTATION my colleagues of this before we reached the Utah State Bar, wrote, ‘‘Ted’s rep- IMPROVEMENT ACT—Continued this temporary impasse and I reiterate utation for good character and indus- Mr. HARKIN. I thank the President this commitment today. try and his temperament of fairness, for this time and his indulgence while S11916 CONGRESSIONAL RECORD — SENATE October 5, 1999 I take my 10 minutes when I know we airports. I believe this final language is with cheap seats to destinations served are supposed to be recessing for our an excellent compromise. I am pleased by small carriers. They maintain the luncheon caucuses. I appreciate the in- that the structure of our original pro- low price until the day the small car- dulgence of the Senator from Wyo- posal is largely intact. I was also rier is gone. ming. pleased that the House moved in June This happened in Des Moines with I want to take a few minutes to talk to eliminate the slot rule at these air- . We had a new air- about the managers’ amendment, the ports. I think the Senate provision im- line that started. What happened? slot amendment that provides for a proves on that. United and American, flying to Chi- two-step process for the elimination of Access to affordable air service is es- cago, dropped their fares by over half, airline slots for landing and takeoff sential to efficient commerce and eco- dropped their fares down to below what rights at O’Hare, Kennedy, and nomic development in States with a lot Vanguard could do. The travelers were LaGuardia Airports. of small communities. Again, Ameri- happy, but Vanguard could only afford Senator GRASSLEY and I have been cans have a right to expect this. Air- to do that for so long, and then they working on this for quite awhile to- ports are paid for by the traveling pub- went out of business. As soon as they gether. I am pleased we have been able lic through taxes and fees charged by went out of business, what did United to work closely with Chairman the Federal Government and local air- and American do? They upped their MCCAIN, with Senator ROCKEFELLER, port authorities. Unfortunately, when fares 83 percent. That is what they Senator GORTON, and others on the de- deregulation came through in 1978, were doing to stifle competition. velopment of this proposal. there was no framework put in place to I believe that allowing new entrant It is an important step toward elimi- deal with anticompetitive practices. A carriers, such as Vanguard, Access Air, nating a major barrier to airline com- lot of these outrageous practices have and others that may be coming along, petition. Not only must we eliminate become business as usual. easier access to O’Hare from cities such the barrier, but we have to do it in a What happened? We went through de- Des Moines, and the —Mo- way that mitigates against the long- regulation in 1978; and then in 1986 the line, Rock Island, Bettendorf, and Dav- term effects of a Government-imposed DOT gave the right to land and take off enport and others, will be a step in the slot rule. Under the current rules, most under these slots to those that used right direction toward helping eco- smaller airlines have, in effect, a far them as of January 21, 1986. So what nomic development and growth and more difficult time competing, in part, happened was, when the Secretary of providing for lower airfares for our peo- because of the slot rule. DOT, in 1986 said, here, airlines, these ple. In the first phase of the proposal, in are your slots, it locked them into The amendment of the managers the managers’ amendment, small air- those airports, and it effectively locked opens up the opportunity for direct lines will be allowed immediate ex- out competition in the future. It was, service into LaGuardia, important to panded access to the airports. Again, in fact, a give-away. I always said this cities such as Des Moines and Cedar this will help stimulate increased com- was a give-away of a public resource. Rapids and the Quad Cities. petition and lower ticket prices. Turbo- These airports do not belong to the air- Again, the Quad Cities recently lost prop and regional jet aircraft will also lines. They belong to us. They belong American Airlines’ service to O’Hare be allowed immediate slot exemptions to the people of this country. because of the slot rule. American Air- when they serve smaller markets. This So what has happened is that over lines decided to fly their new regional will increase airline service available the years these airlines have been able jet between Omaha and O’Hare. Nor- to smaller cities, especially cities west to lock them up. So we have this slot mally, this would not have had an im- of the Mississippi, such as the Pre- system. The slot system came in in the pact on Quad Cities’ service to O’Hare, siding Officer’s cities in Wyoming, or late 1960s because the air traffic con- but under the slot rule, Quad Cities Nebraska or the Dakotas or Iowa, or trol system was getting overwhelmed lost American Airlines’ service en- places such as that. with the number of flights then being tirely. They entirely lost it. The two-step mechanism in the bill handled. So they had a slot system. Without the slot limitation, Quad has the support of 30 attorneys general, Just the reverse is true today. With Cities would be a profitable market for the Business Travel Coalition, and the the modernization of our air traffic American or any other airline. But the Air Carrier Association of America control system—with global posi- area did not make the cut with a lim- which represents many of the smaller tioning satellites, GPSs, all of the ited number of landing rights available airlines. other things we have, the communica- under the existing slot rule. Again, After that first phase, in the final tions systems, our air traffic control economic decisions are not based upon step—after a number of years when the system, and the ongoing modernization what they can expect to get from a new competitive airlines might get a of it—we can handle it. We do not need market; it is based upon the slot rule. chance to establish a foothold and the slots any longer. That is skewing the economic decisions smaller cities would have established However, rather than just dropping made by airlines and by small commu- better service—the slot rules will be them right away, we need to mitigate nity airports. ended at O’Hare, Kennedy, and against the damage that has been So again, for our area, for Iowa, for LaGuardia Airports. caused by the slots. That is why we areas west of the Mississippi—I am Again, I commend Chairman MCCAIN need to have a phaseout, a two-step sure for Wyoming and for West Vir- for working so closely with us on this phaseout—a phaseout that would both ginia—we need to change this system, issue. Chairman MCCAIN had a field phase out the slots but at the same but we need to do it in a way that does hearing in Des Moines on April 30 of time include, in that first phase, not lock in the past anticompetitive this year to hear firsthand how the turboprops that serve smaller cities, activities of the larger airlines. current system affects small- and me- new airlines that would start up with Right now, Sioux City, IA, does not dium-sized cities. Senator MCCAIN has small regional jets that would serve have service to O’Hare. It is the No. 1 worked hard to move forward a pro- some of the smaller cities that have destination of its business travelers. posal which I believe will significantly been cut out of this for the last almost So, again, what is this doing? It hurts increase competition. 20 years—well, I guess 14 years now economic development and stifles com- I also thank Senator GORTON, and my since 1986. petition in Sioux City. colleague, Senator ROCKEFELLER from So, again, many airlines have monop- Again, I urge the Senate to support West Virginia, for their considerable olies in markets, especially if they con- the managers’ amendment. Doing so efforts. These Senators have shown a trol a hub airport. Local airport au- will lower airfares, it will improve air keen interest in the problems unique to thorities at major hub airports do very service to small- and medium-sized cit- smaller cities and rural areas where little to encourage small carriers to ies across the Nation, and it will allow adequate service is a paramount issue. use hub airports. It is no surprise that for economic decisions to be based on The provision has a number of items big airlines would rather see gates economics and not upon an outdated, that address the noise implications of empty than lease them to competitors. outmoded, anticompetitive slot rule. eliminating the slot rule near the three Dominant carriers flood the market I thank the Chair. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11917 RECESS Indeed, nominees such as Charles State support that I feel is necessary The PRESIDING OFFICER. Under Wilson, Victor Marrero, and Carlos for a candidate to the Federal district the previous order, the Senate will now Murguia, minority nominees, and court in that State. stand in recess until the hour of 2:15 Marryanne Trump Barry, Marsha For me, this case has been a struggle. p.m. Pechman, and Karen Schrier, female On the one hand, Judge White is a fine Thereupon, the Senate, at 12:48 p.m., nominees, had broad support and man and the President is due a fair recessed until 2:16 p.m.; whereupon, the moved quickly through the committee amount of deference. On the other Senate reassembled when called to and were confirmed easily on the floor. hand, we are faced with the extremely order by the Presiding Officer (Mr. And, although the committee does not unusual case in which both home State INHOFE). keep race and gender statistics, a brief Senators, after having reviewed the Mr. HATCH. Mr. President, I rise to review of the committee’s record so far record, are opposing this nomination address the nomination of Judge Ron- this session shows that a large propor- on the floor. nie Lee White, of Missouri, to the tion of the nominees reported to the Of course, had the President worked United States District Court for the floor and confirmed consists of minori- more closely with the two Senators Eastern District of Missouri. We have ties and women. I categorically reject from Missouri and then nominated a heard thorough discussions of the the allegation that race or gender, as less problematic candidate, we would nominee by the distinguished Senators opposed to substantive controversy, not be in this predicament. But the from Vermont and from Missouri. In has ever played any role whatsoever in President did not. coming to my decision on this nomi- slowing down any nominee during my When a nominee has a record of sup- nee, I have considered the fairness of tenure as chairman. porting controversial legal positions the process under which Judge White After a fair and thorough review in that call into question his, or her, re- has been reviewed, the deference due to committee and after paying the def- spect for the rule of law, it takes the President, and the deference due to erence to the President to obtain a longer to gain the consensus necessary the Senators from the nominee’s home vote on the floor, I consider the posi- to move the nominee. When the Presi- State. This is a very difficult case. tion of a nominee’s home State Sen- dent has not adequately consulted with As chairman of the Judiciary Com- ators. These Senators are in a unique the Senate, it takes longer to gain the mittee, I have conducted thorough position to evaluate whether a nominee consensus necessary to move the nomi- hearings and reviewed nominees in a instills the confidence in the people of nee. And when both home State Sen- fair and even-handed manner. As a re- a State necessary to be a successful ators of a nominee oppose as nominee sult, we have seen a hearings process Federal judge in that State. This is es- on the floor of the Senate, it is almost that does not include personal attacks pecially true for a district judge nomi- impossible to vote for the confirmation on nominees and that maintains the in- nee whose jurisdiction, if confirmed, of that nominee. stitutional integrity of the Senate. On would be wholly limited to that par- Regretfully, such is the case with numerous occasions, even when several ticular State. Thus, there has devel- Judge White. Judge White has written of my Republican colleagues voted oped a general custom and practice of some controversial opinions, especially against nominees, I maintained a fair my giving weight to the Senators from on death penalty cases that have process free from personal attacks on a nominee’s home State. caused some to question his commit- nominees. This was the case with There have been several instances ment to upholding the rule of law. The Judge White. The committee held a where—notwithstanding some serious President has not garnered broad sup- fair and objective hearing on Judge reservations on my part—I voted to port for Judge White. And both Sen- White and thoroughly reviewed his confirm district court nominees be- ator ASHCROFT and Senator BOND op- record. cause the Senators from the nominees pose this nomination. It would have In considering any nomination, I be- home State showed strong, and in some been better for all parties concerned— lieve that the President, in whom the cases, bipartisan support. The nomina- the President, the Senate, the people of Constitution vests the nominations tions of Keith Ellison, Allen Pepper, Missouri, and Judge White, had we power, is due a large degree of def- Anne Aiken, Susan Mollway, and Mar- been able to reach this decision earlier. erence. Even though there are a large garet Morrow are examples of where I But I cannot rewrite the past. number of the President’s nominees supported contested district court After a painstaking review of the that I would not have nominated had I nominees and relied on the view of the record and thorough consultation with been President, I have supported these home-State Senators in reaching my the nominee’s home State Senators, I nominees in obtaining a floor vote be- decision. deeply regret that I must vote against cause in my view, the Constitution re- While I have harbored great concerns the nomination of Judge White. This is quires substantial deference to the on the White nomination, I withheld in no way a reflection of Judge White President. my final decision until I had the ben- personally. He is a fine man. Instead, Of course, the more controversial a efit of the view of my colleagues from my decision is based on the very un- nominee is, the longer it takes to gar- Missouri. I was under the impression usual circumstances in which the ner the consensus necessary to move that one of my colleagues might actu- President has placed this body. I must such a nominee out of committee. Such ally support the nomination, so I felt defer to my colleagues from Missouri is the case with Judge White. I sup- that the process should move forward— with respect to a nominee whose juris- ported Judge White coming to the floor and it did. diction, if confirmed, would be wholly on two occasions. In the last vote in Since the committee reported Judge limited to that State. committee, no fewer than six of my Re- White to the floor of the Senate, how- I call on the President to nominate publican colleagues voted against re- ever, both of the Senators from Mis- another candidate for the Eastern Dis- porting Judge White to the floor. At souri have announced their opposition trict of Missouri. He should do so, how- that point, however, I gave the Presi- to confirming Judge White. Also, since ever, only after properly consulting dent the deference of allowing a vote the committee reported this nominee with both Missouri Senators and thus on his nominee and voted to report to the floor, the law enforcement com- respecting the constitutional advice Judge White. munity of Missouri has indicated seri- and consent duties that this body per- I must say that I am deeply dis- ous concerns, and in some cases, open forms in confirming a nominee who appointed by the unjust accusations opposition to the nomination of Judge will serve as a Federal judge for life. from some that this body intentionally Ronnie White. And indeed, I have been Mr. BOND. After discussing this dif- delays nominees, such as Judge White, informed that the National Sheriffs As- ficult decision with Missouri constitu- based on their race. As the administra- sociation opposes this nomination. Op- ents, the Missouri legal community, tion is well aware, it is not a nominee’s position is mounting and it would per- and the Missouri law enforcement com- race or gender that slows the process haps be preferable to hold another munity, I have determined that Ronnie down, but rather the controversial na- hearing on the nomination. But if we White is not the appropriate candidate ture of a nominee based on his or her must move forward today, it is clear to to serve in a lifetime capacity as a U.S. record. me that Judge White lacks the home- district judge for eastern Missouri. S11918 CONGRESSIONAL RECORD — SENATE October 5, 1999 The Missouri law enforcement com- with certain unalienable rights. Roe causes that run contrary to the Con- munity, whose views I deeply respect, not only violates the 5th and 14th stitution. If he is willing to thwart the has expressed grave reservations about amendments, it violates the first and Constitution in his political activism, Judge White’s nomination to the Fed- most fundamental right that we have what makes us think he will uphold it eral bench. They have indicated to me as human beings and no court, liberal in his judicial opinions. He took an ac- their concern that Judge White might or conservative, can take away that tive role in supporting the passage of use the power of the bench to com- right. proposition 15 in California regarding promise the strength of law enforce- As a U.S. Senator, I recognize the registration of handguns. This kind of ment efforts in Missouri. awesome responsibility that we have to hostility to the second amendment will Given the concerns raised by those in confirm, or deny, judicial nominees. I not make matters any better on the Missouri’s law enforcement commu- recognize the solemn obligation that Ninth Circuit. He very actively sup- nity, who put their lives on the line on we have to make sure that our Federal ported employment benefits for homo- a daily basis, and those in Missouri’s courts are filled only with judges who sexual partners, and I found him to be legal community, who are charged with uphold and abide by the transcendent very evasive in his responses to ques- protecting our system of jurisprudence, ideals explicitly stated in our Constitu- tions during the Committee hearings. I am compelled to vote against Judge tion and the Bill of Rights. The judges Given the importance of this circuit White’s confirmation. we confirm or deny will be among the and its demonstrated bias toward the Mr. SMITH of New Hampshire. Mr. greatest and far-reaching of our leg- left, this nominee, who himself is a lib- President, I am opposed to the nomina- acies, and I for one do not ever want eral activist, is not the right person to tions of Raymond Fisher to the United my legacy to be that I confirmed pro- help restore some constitutionality to States Court of Appeals for the Ninth abortion judges to our Nation’s courts. this circuit. Circuit and Ronnie White to the East- This is why I will not support the So, I would urge my colleagues to ern District of Missouri. nominations of Mr. White and Mr. vote against these two judges. We have Our judicial system is supposed to Fisher. I will not support any judges sworn duty to support and defend the protect the innocent and ensure jus- who deny the undeniable connection Constitution. This is never more crit- tice, which is what it has done for the that must exist, in a free and just civ- ical than when we exercise our advise most part for over 200 years. However, ilization, between humanity and and consent role for judicial nominees. there have been glaring exceptions: the personhood. Our judges should be the Dred Scott decision, which ruled that f very embodiment of justice. How can blacks were not citizens and had no we then approve of those who will deny rights which anyone was bound to re- EXECUTIVE SESSION justice to most defenseless and inno- spect, and Roe versus Wade, which cent of us all? similarly ruled that an entire class of But, further, I would add that these EXECUTIVE CALENDAR people, the unborn, are not human nominees propose a more general con- beings and therefore are undeserving of cern in that they are liberal activists. NOMINATION OF RONNIE L. WHITE any legal protection. In the case of Justice White, who now The PRESIDING OFFICER. Under Both decisions, made by our Nation’s serves on the Supreme Court in Mis- the previous order, the hour of 2:15 hav- highest court, violated two key con- ing arrived, the Senate will now go stitutional provisions for huge seg- souri, he has demonstrated that he is an activist, and has a political slant to into executive session and proceed to ments of the population. Dred Scott, the vote on Executive Calendar Nos. which legally legitimized slavery, de- his opinions in favor of criminal de- fendants and against prosecutors. It is 172, 215 and 209 which the clerk will re- prived nearly the entire black popu- port. lation of the right to liberty, while Roe my belief that judges should interpret the law, and not impose their own po- The legislative clerk read the nomi- has taken away the right to life of 35 nation of Ronnie L. White, of Missouri, million unborn children since 1973. litical viewpoints. He is strongly opposed by the law en- to be United States District Judge for Both created rights, the right to own the Eastern District of Missouri. slaves and the right to an abortion, forcement community in Missouri, and was directly opposed by the Missouri The PRESIDING OFFICER. The Sen- that were not in the Constitution. Of ator from Utah. course, both are morally and legally Association of Police Chiefs due to his activist record. Mr. HATCH. Mr. President, I ask wrong. Sadly, only Dred has been over- unanimous consent that it be in order turned, by the 13th and 14th amend- Senator ASHCROFT spoke in more de- to ask for the yeas and nays on each ments. Congress and the courts have tail about Justice White’s activist nomination with one showing of hands. yet to reverse Roe. record. Coming from the same State, The only requirement, the only Senator ASHCROFT is in an even better The PRESIDING OFFICER. Without standard that I have for any judicial position to comment on Justice objection, it is so ordered. nominees is that they not view ‘‘jus- White’s record. But, he laid out a very Mr. HATCH. I now ask for the yeas tice’’ as the majorities did in Dred disturbing record of judicial activism and nays. Scott and Roe, and that they uphold in Justice White’s career, particularly The PRESIDING OFFICER. Is there a the standards and timeless principles on law and order matters, and I simply sufficient second? There appears to be so clearly stated in our Constitution. do not think that this is the kind of a sufficient second. Unfortunately, I do not believe that person we need on the U.S. District The yeas and nays were ordered. Mr. White and Mr. Fisher meet those Court. The PRESIDING OFFICER. The critical standards. During the com- With regard to Mr. Fisher, this is a question is, Will the Senate advise and mittee hearings, Mr. Fisher fully indi- critical slot because of the nature of consent to the nomination of Ronnie L. cated to me that he would uphold the the Ninth Circuit. This circuit has White, of Missouri, to be United States constitutional and moral travesties of gained such a bad reputation for its lib- District Judge for the Eastern District Roe and Planned Parenthood versus eral opinions that it has been referred of Missouri? On this question, the yeas Casey. Mr. White has also given an- to as a ‘‘rogue’’ circuit. It is controlled and nays have been ordered. The clerk swers which strongly suggest that he by an extreme liberal element and it is will call the roll. believes Roe was correctly decided by important that our appointments to The legislative assistant called the the Supreme Court. In addition, Mr. this circuit be people who can restore roll. White’s dubious actions as chairman of at least some level of constitutional Mr. NICKLES. I announce that the a Missouri House committee when a scrutiny. Senator from (Mr. MACK) is pro-life bill was before it further proves In the case of Mr. Fisher, this clearly necessarily absent. that he would enthusiastically enforce will not be the case. He is not a judge, The PRESIDING OFFICER. Are there the pro-abortion judicial decree of Roe and therefore, there is not the kind of any other Senators in the Chamber de- versus Wade. judicial paper trail that we have with siring to vote? The Framers of our Constitution be- Justice White. However, he has a long The result was announced—yeas 45, lieved we are endowed by our Creator record of liberal political activism for nays 54, as follows: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11919 (Rollcall Vote No. 307 Ex.) with the Senate and are the only As I have in the past, I will again YEAS—45 things that should ever be a factor. move to proceed to the nominations of Akaka Edwards Levin I ask unanimous consent that the re- Judge Paez and Marsha Berzon, and I Baucus Feingold Lieberman maining votes in the series be limited intend to take this action again and Bayh Feinstein Lincoln to 10 minutes each. again should unnamed Senators con- Biden Graham Mikulski Bingaman Harkin Moynihan The PRESIDING OFFICER. Without tinue to block a vote. Particularly Boxer Hollings Murray objection, it is so ordered. after today’s vote, I must say, I find it Breaux Inouye Reed Mr. DASCHLE. Mr. President, I rise simply baffling that a Senator would Bryan Johnson Reid to express how saddened I am by the Byrd Kennedy Robb vote against even voting on a judicial Cleland Kerrey Rockefeller party-line vote against Judge Ronnie nomination. Today’s actions prove that Conrad Kerry Sarbanes White today. I had sincerely hoped that we all understand that we have a con- Daschle Kohl Schumer today would mark the beginning of a stitutional outlet for antipathy against Dodd Landrieu Torricelli Dorgan Lautenberg Wellstone bipartisan attempt to clear the backlog a judicial nominee—a vote against that Durbin Leahy Wyden of federal judicial nominees and begin nominee. What the Constitution does NAYS—54 to fill the vacancies that are rampant not contemplate is for one or two Sen- throughout the federal judiciary. I was Abraham Fitzgerald McConnell ators to grind a nomination to a halt Allard Frist Murkowski mistaken. Instead, we got a party-line on the basis of a ‘‘secret’’ hold. This Ashcroft Gorton Nickles vote against a qualified minority judge cowardly, obstructionist tactic is an Bennett Gramm Roberts coupled with a continued refusal to anathema to the traditions of the Sen- Bond Grams Roth schedule votes on other qualified mi- Brownback Grassley Santorum ate. Thus, today, I implore, one more Bunning Gregg Sessions nority and women nominees. time, every Senator to follow Senator Burns Hagel Shelby Judge White is eminently qualified LEAHY’s advice, and treat every nomi- Campbell Hatch Smith (NH) to sit on the federal bench. He is a dis- Chafee Helms Smith (OR) nee ‘‘with dignity and dispatch.’’ Lift Cochran Hutchinson Snowe tinguished jurist and the first African- your holds, and let the Senate vote on Collins Hutchison Specter American to serve on the Missouri Su- every nomination. Coverdell Inhofe Stevens preme Court. Prior to his service on The business of judges is the simple Craig Jeffords Thomas Missouri’s Supreme Court, Judge White Crapo Kyl Thompson but overwhelmingly important busi- DeWine Lott Thurmond served as a State Representative to the ness of providing equal justice to the Domenici Lugar Voinovich Missouri Legislature, where he chaired poor and to the rich. Accordingly, the Enzi McCain Warner the Judiciary Committee. In his law consequences of this confirmation NOT VOTING—1 practice, which he continued during his process are awesome. It is time that we Mack service as a legislator, White handled a all take it more seriously and it is time Mr. ASHCROFT. Mr. President, I variety of civil and criminal matters that we schedule votes on every nomi- move to reconsider the vote. for mostly low income individuals. His nee on the Calendar—including Judge Mr. CRAIG. I move to lay that mo- nomination received the support of the Paez and Marsha Berzon. All we are tion on the table. St. Louis Metropolitan Police Depart- asking of our Republican colleagues is The motion to lay on the table was ment, the Saint Louis Post Dispatch, to give these nominees the vote—and agreed to. and the National Bar Association. He is hopefully the fair consideration—they Mr. LEAHY. Mr. President, I ask a fine man who has given his life to deserve. We will press this issue every unanimous consent to continue for 1 public service and he deserved better day and at every opportunity until minute. than what he got from this Senate. He they get that vote. The PRESIDING OFFICER. Without deserved better than to be kept waiting Today is a dark day for the Senate. objection, it is so ordered. 27 months for a vote, and then to be We have voted down a fully-qualified Mr. LEAHY. Mr. President, I have to used as a political pawn. nominee but I hope we can do better in say this with my colleagues present. This vote wasn’t about the death the future and that we can move for- When the full history of Senate treat- penalty. This vote wasn’t about law ward on the Paez and Berzon nomina- ment of the nomination of Justice Ron- and order. This vote was about the un- tions in a fair and non-partisan man- nie White is understood, when the fair treatment of minority judicial ner. switches and politics that drove the nominees. This vote tells minority ju- The PRESIDING OFFICER. The Republican side of the aisle are known, dicial candidates ‘‘do not apply.’’ And Clerk will report the next nomination, the people of Missouri and the people of if you do, you will wait and wait, with Calendar No. 215. the United States will have to judge no guarantee of fairness. The legislative clerk read the nomi- whether the Senate was unfair to this Judge Marsha Berzon, for instance, nation of Brian Theadore Stewart, of fine man and whether their votes has been kept waiting more than 20 Utah, to be United States District served the interests of justice and the months for a vote. Judge Richard Paez Judge for the District of Utah. Federal courts. has been waiting more than 44 months. The PRESIDING OFFICER. The I am hoping—and every Senator will These nominees deserve a vote. While I question is, Will the Senate advise and have to ask himself or herself this am totally dismayed by what happened consent to the nomination of Brian question—the United States has not re- here today with respect to Judge Theadore Stewart, of Utah, to be verted to a time in its history when White’s nomination, the Senate today United States District Judge for the there was a color test on nominations. functioned, albeit in a partisan, polit- District of Utah? On this question, the The PRESIDING OFFICER. The ma- ical manner. yeas and nays have been ordered. The jority leader. As Chief Justice Rehnquist has rec- clerk will call the roll. Mr. LOTT. Mr. President, I use leader ognized: ‘‘The Senate is surely under The legislative clerk called the roll. time for 1 minute in response. no obligation to confirm any particular Mr. NICKLES. I announce that the With regard to nominations, judicial nominee, but after the necessary time Senator from Florida (Mr. MACK) is or otherwise, I am sure the Senate for inquiry it should vote him up or necessarily absent. would never use any basis for a vote vote him down.’’ An up-or-down vote, Mr. REID. I announce that the Sen- other than the qualifications and the that is all we ask for Berzon and Paez. ator from Montana (Mr. BAUCUS) is record of the nominee. And just so the And, after years of waiting, they de- necessarily absent. record will be complete, as a matter of serve at least that much. The Repub- The result was announced—yeas 93, fact, of the 19 nominees who have been lican majority should not be allowed to nays 5, as follows: confirmed this year, 4 of them have cherry-pick among nominees, allowing been women, 1 of them African Amer- some to be confirmed in weeks, while [Rollcall Vote No. 308 Ex.] ican, and 3 of them have been Hispanic. letting other nominations languish for YEAS—93 Their records and the kind of judges years. Accordingly, I vow today, that Abraham Ashcroft Biden Akaka Bayh Bingaman these men and women would make are we Democrats just will not allow Paez Allard Bennett Bond the only things that have been a factor and Berzon to be forgotten. S11920 CONGRESSIONAL RECORD — SENATE October 5, 1999 Breaux Gramm McConnell Gramm Inhofe Sessions JUDICIAL NOMINATIONS Brownback Grams Moynihan Grams Lott Shelby Bryan Grassley Murkowski Gregg McConnell Smith (NH) Mr. NICKLES. Mr. President, before Bunning Gregg Murray Hagel Murkowski Thomas we return to the consideration of the Burns Hagel Nickles Helms Nickles Thompson FAA reauthorization bill, I would like Byrd Harkin Reed Hutchinson Roberts Warner Campbell Hatch Reid Hutchison Santorum to make a couple of comments. Ray- Chafee Helms Robb mond Fisher, just confirmed to the NOT VOTING—2 Cleland Hollings Roberts Ninth Circuit, is the 323rd judge who Cochran Hutchinson Rockefeller Baucus Mack Collins Hutchison Roth has been confirmed since President Conrad Inhofe Santorum The nomination was confirmed. Clinton has been in office. 195 of those Coverdell Inouye Sarbanes Mr. LEAHY. Mr. President, I want to judges have been confirmed since Re- Craig Jeffords Schumer congratulate Ray Fisher on his Senate publicans took control of the Senate in Crapo Kennedy Sessions confirmation. I will miss Ray and Daschle Kerrey Shelby 1995. DeWine Kerry Smith (NH) Nancy here in Washington, but know Judge Ronnie White is the first nomi- Dodd Kohl Smith (OR) that the Ninth Circuit will greatly ben- nee, I believe, to be rejected on the Domenici Kyl Snowe efit from his service there. floor since Republicans took control of Dorgan Landrieu Specter Durbin Lautenberg Stevens Finally, I congratulate Ted Stewart the Senate. One of our colleagues said Edwards Leahy Thomas on his confirmation and Senators that he hoped that we are not return- Enzi Levin Thompson HATCH and BENNETT, who have worked ing to a ‘‘color test.’’ That is what was Feinstein Lieberman Thurmond hard to get him confirmed expedi- Fitzgerald Lincoln Torricelli said. I am offended by that statement. Frist Lott Voinovich tiously. I trust that Mr. Stewart will Many people on our side of the aisle Gorton Lugar Warner honor the commitments that he made didn’t know what race Judge White is. Graham McCain Wyden to the Judiciary Committee to avoid We did know that 77 of Missouri’s 114 NAYS—5 even the appearance of impropriety on sheriffs were opposed to his nomina- Boxer Johnson Wellstone matters on which he has worked while tion. We did find out that two State Feingold Mikulski in State government. prosecutors’ offices raised their objec- NOT VOTING—2 I said on the Senate floor last night tions. We did know there was a letter that this body’s recent treatment of Baucus Mack from the National Sheriffs Association women and minority judicial nominees opposing his nomination. The nomination was confirmed. is a badge of shame. I feel that we I believe that we have been very con- NOMINATION OF RAYMOND C. FISHER added to that shame with today’s vote sistent, at least on this side of the The PRESIDING OFFICER (Mr. of Justice Ronnie White. aisle. We do not want to confirm a CRAPO). The clerk will report the next In their report entitled ‘‘Justice Held nominee where you have major law en- nomination. Hostage,’’ the bipartisan Task Force on forcement organizations and leading The legislative assistant read the Federal Judicial Selection from Citi- officials saying they are opposed to the nomination of Raymond C. Fisher, of zens for Independent Courts, co-chaired nomination, regardless of what race he California, to be United States Circuit by Mickey Edwards and Lloyd Cutler, or she is. I do not believe the Senate Judge for the Ninth Circuit. substantiated through their inde- has ever confirmed anyone when na- The PRESIDING OFFICER. The pendent analysis what I have been say- tional law enforcement organizations question is, Will the Senate advise and ing for some time: Women and minor- or officials have stated that the nomi- consent to the nomination of Raymond ity judicial nominations are treated nee has a poor or weak background in C. Fisher, of California, to be United differently by this Senate and take law enforcement. To my knowledge, I States Circuit Judge for the Ninth Cir- longer, are less likely to be voted on have never voted to confirm any such cuit. The yeas and nays have been or- and less likely to be confirmed. nominee, nor have many other mem- dered. The clerk will call the roll. Judge Richard Paez has been stalled bers. The legislative clerk called the roll. for 44 months, and the nomination of I want to make it absolutely clear Mr. NICKLES. I announce that the Marsha Berzon has been pending for 20 and understood that members voted no Senator from Florida (Mr. MACK) is months. Other nominees are confirmed on Judge White’s nomination because necessarily absent. in 2 months. of the statements made by law enforce- Mr. REID. I announce that the Sen- Anonymous Republican Senators ment officers, in addition to the re- ator from Montana (Mr. BAUCUS) is continue their secret holds on the Paez spect that we have for the two Sen- necessarily absent. and Berzon nominations. The Repub- ators from the nominee’s state who The result was announced—yeas 69, lican majority refuses to vote on those recommended a no vote. We respect nays 29, as follows: nominations. In fairness, after almost 2 their recommendation to us. So I make [Rollcall Vote No. 309 Ex.] years and almost 4 years, Marsha mention of that. Berzon and Judge Richard Paez are en- YEAS—69 I am bothered that somebody said I titled to a Senate vote on their nomi- hope we are not returning to a ‘‘color Abraham Edwards Lieberman nations. Vote them up or vote them Akaka Feingold Lincoln test.’’ That statement was uncalled for Ashcroft Feinstein Lugar down, but vote. That is what I have and, I think, not becoming of the Sen- Bayh Fitzgerald McCain been saying, that is what the Chief ate. I want to make sure that point is Bennett Frist Mikulski Justice challenged the Republican Sen- made. Biden Gorton Moynihan Bingaman Graham Murray ate to do back in January 1998. Mr. SCHUMER. Mr. President, will Bond Grassley Reed I can assure you that there is no the Senator from Oklahoma yield? Boxer Harkin Reid Democratic Senator with a hold on Mr. NICKLES. I would be happy to Breaux Hatch Robb Judge Paez or Marsha Berzon. I can as- yield. Bryan Hollings Rockefeller Byrd Inouye Roth sure you that every Democratic Sen- Mr. SCHUMER. I thank the Senator. Chafee Jeffords Sarbanes ator is willing to go forward with votes I just want to say a few words not in Cleland Johnson Schumer on Judge Paez and Marsha Berzon now, response but maybe in contraposition Cochran Kennedy Smith (OR) Collins Kerrey Snowe without delay. to what the Senator said. Conrad Kerry Specter Last Friday, Senator LOTT com- Mr. NICKLES. I will be happy to Daschle Kohl Stevens mitted to trying to ‘‘find a way’’ to yield for a question. DeWine Kyl Thurmond have these nominations considered by Mr. SCHUMER. I thank the Senator. Dodd Landrieu Torricelli I appreciate that. I will ask my ques- Domenici Lautenberg Voinovich the Senate. I want to help him do that. Dorgan Leahy Wellstone f tion. Durbin Levin Wyden It seems to me that whatever the in- LEGISLATIVE SESSION NAYS—29 tentions—I am not impugning any in- The PRESIDING OFFICER. Under tentions of any person who voted the Allard Burns Craig Brownback Campbell Crapo the previous order, the Senate will now other way, but it seems to me that the Bunning Coverdell Enzi return to legislative session. recent vote on the floor of the Senate October 5, 1999 CONGRESSIONAL RECORD — SENATE S11921 is going to create division and animus Mr. SCHUMER. I thank the Senators Association or by a State Federation of in this country of ours. from Arizona, Oklahoma, and Con- Police Chiefs. I don’t think we have Mr. NICKLES. Mr. President, regular necticut for their courtesy, and the done that in my Senate career. order. I will answer a question. If the President as well. Does the Senator know of any in- Senator wants to make a speech, he I would like to make some remarks stance where we have ignored the rec- can make the speech on his own time. in contraposition to the Senator from ommendations of major law enforce- Mr. SCHUMER. I will yield back my Oklahoma. I say that without casting ment officers? time to the Senator, retract my ques- any impugning of any motivations as The PRESIDING OFFICER. The Sen- tion, and ask unanimous consent that I to why people voted. ator’s 3 minutes have expired. might speak for 3 minutes. It seems to me that this being, as I Mr. SCHUMER. I ask unanimous con- The PRESIDING OFFICER. Is there understand it, the first time we have sent for 30 seconds to respond to the objection? this year rejected a Senate candidate Senator’s question. The Senator from Oklahoma. on the floor—and I understand that The PRESIDING OFFICER. Without Mr. NICKLES. I didn’t know my col- there were recommendations from the objection, it is so ordered. league wanted to engage in this. I was home State—I still find myself very Mr. SCHUMER. I thank the Senator. not clear that the Senator wanted to troubled by that rejection. I find my- I don’t know of cases. But I would want make a speech. self troubled because we do need diver- to have examined the record about I want to say absolutely and posi- sity on our bench. We need to, in my those questions and the questions I tively that there is no ‘‘color test.’’ No judgment, try to have more African asked before we moved so hastily to re- one raised that suggestion, that I am Americans on the bench. ject this nominee. It so happened that aware of, during the Clarence Thomas There is not an African American there were votes on the other side in confirmation. I want to clarify again. I Member of this body. I find that regret- committee for this nominee that had several colleagues say they did not ful. The first impression I had the first abruptly reversed themselves without know what race Mr. White is. I think it day I walked on the floor was that. And any explanation as to why. is very much uncalled for and incorrect I guess what I would like to do is just I yield my time. for anybody to make that kind of im- call into question why this nomination The PRESIDING OFFICER. The Sen- plication. was rejected. I would ask that we ex- ator’s time has expired. I yield the floor. amine. I know one of the reasons was f Mr. SCHUMER. Will the Senator the opposition of this nominee to the AIR TRANSPORTATION yield for a question? death penalty. I happen to be for the IMPROVEMENT ACT—Resumed The PRESIDING OFFICER. The death penalty. I wrote the death pen- Chair advises that the pending business alty law when I was in the House. But The PRESIDING OFFICER. Under before the Senate is the vote on the I would like to ask how many other the regular order, we are now in legis- Robb amendment. Unless there is nominees we have rejected because of lative business. unanimous consent to move beyond opposition to the death penalty. The Senator from Connecticut. that vote, debate is not in order. I am told that one of the Senators AMENDMENT NO. 2241 Mr. SCHUMER. Mr. President, I ask who objected from Missouri actually (Purpose: To require the submission of infor- unanimous consent to address the Sen- nominated judges on that State court mation to the Federal Aviation Adminis- ate for 3 minutes. who agreed with Ronnie White on the tration regarding the year 2000 technology The PRESIDING OFFICER. The Sen- very case that has been brought into problem, and for other purposes) ator from Arizona is recognized. question. Mr. DODD. Mr. President, I call up Mr. MCCAIN. Mr. President, I respect So if we are not to be accused of amendment No. 2241. the right of my friend from New York. maybe having two standards, I think The PRESIDING OFFICER. The In behalf of the Senator from Con- we ought to be very careful. clerk will report. necticut, who is waiting, we have pend- I respect each Senator’s right to op- The legislative clerk read as follows: ing business we are trying to finish pose nominations for judge. I respect The Senator from Connecticut (Mr. DODD), today. I ask unanimous consent that the idea that we often defer to our col- for himself, Mr. BENNETT, Mr. MCCAIN, Mr. the Senator from New York be allowed leagues in their home States. But I ROCKEFELLER, and Mr. HOLLINGS, proposes an amendment numbered 2241. to speak for 3 minutes. Hopefully, we think there is a higher calling here. can move on. That is, because this was one of the few Mr. DODD. Mr. President, I ask unan- The PRESIDING OFFICER. Is there African American nominees to reach imous consent that reading of the objection? this floor, we ought to be extra careful amendment be dispensed with. Without objection, it is so ordered. to make sure the standard was not The PRESIDING OFFICER. Without Mr. SCHUMER. I very much appre- being used that we haven’t used for objection, it is so ordered. ciate the courtesy. some other nominees who have come The amendment is as follows: The PRESIDING OFFICER. Will the before this body this year. At the appropriate place, insert the fol- Senator withhold? I disagree with that nominee on the lowing: ll Without objection, the vote on the issue at hand. But I still think that we SEC. . FEDERAL AVIATION ADMINISTRATION YEAR 2000 TECHNOLOGY SAFETY EN- Robb amendment is laid aside. should have extra sensitivity, given the FORCEMENT ACT OF 1999. Mr. MCCAIN. Mr. President, could I long history of division in this country (a) SHORT TITLE.—This section be cited as ask for recognition. and the need to try to bring some the ‘‘Federal Aviation Administration Year The PRESIDING OFFICER. The Sen- equality onto our bench in the sense 2000 Technology Safety Enforcement Act of ator from Arizona may clarify his that we have a diverse and representa- 1999’’. unanimous consent. tive judiciary. (b) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Adminis- Mr. MCCAIN. Mr. President, prior to I hope my colleagues will examine the Senator from New York being rec- trator’’ means the Administrator of the Fed- those questions. I do not know the an- eral Aviation Administration. ognized, I ask unanimous consent the swers to them. But my guess is, we (2) AIR CARRIER OPERATING CERTIFICATE.— vote on or in relation to the Robb have unanimously approved or ap- The term ‘‘air carrier operating certificate’’ amendment be postponed, to occur in proved overwhelmingly judges who has the same meaning as in section 44705 of the next stacked sequence of votes, have the same view as Judge Ronnie title 49, United States Code. and, prior to the vote, Senators ROBB, White on this very controversial issue. (3) YEAR 2000 TECHNOLOGY PROBLEM.—The WARNER, BRYAN, and MCCAIN be given 5 Mr. NICKLES. Mr. President, will the term ‘‘year 2000 technology problem’’ means minutes each for closing remarks and Senator yield for a question? a failure by any device or system (including that the amendment now be laid aside. Mr. SCHUMER. I would be happy to any computer system and any microchip or integrated circuit embedded in another de- The PRESIDING OFFICER. Without yield for a question. vice or product), or any software, firmware, objection, it is so ordered. Mr. NICKLES. To my knowledge, we or other set or collection of processing in- The Senator from New York is recog- have never confirmed a nominee who structions to process, to calculate, to com- nized for 3 minutes. was opposed by the National Sheriffs pare, to sequence, to display, to store, to S11922 CONGRESSIONAL RECORD — SENATE October 5, 1999 transmit, or to receive year-2000 date-related (A) to deal with or account for transitions I suppose that you and others would data failures— or comparisons from, into, and between the assume that members of the safety- (A) to deal with or account for transitions years 1999 and 2000 accurately; conscious aviation community would or comparisons from, into, and between the (B) to recognize or accurately process any be eager to reassure the public by re- years 1999 and 2000 accurately; specific date in 1999, 2000, or 2001; or (B) to recognize or accurately process any (C) to accurately account for the year sponding to the FAA’s request for in- specific date in 1999, 2000, or 2001; or 2000’s status as a leap year, including rec- formation about their Y2K status. Mr. (C) to accurately account for the year ognition and processing of the correct date President, if you made that assump- 2000’s status as a leap year, including rec- on February 29, 2000. tion, unfortunately, you would be ognition and processing of the correct date (c) RESPONSE TO REQUEST FOR INFORMA- wrong. on February 29, 2000. TION.—Any person who has an air carrier op- At the committee’s hearing last week (c) RESPONSE TO REQUEST FOR INFORMA- erating certificate shall respond on or before on transportation and the Y2K issue, TION.—Any person who has an air carrier op- November 1, 1999, to any request for informa- erating certificate shall respond on or before tion from the Administrator regarding readi- we learned that 1,900 of the 3,300 cer- November 1, 1999, to any request for informa- ness of that person with regard to the year tificate holders, which includes air car- tion from the Administrator regarding readi- 2000 technology problem as it relates to the riers and manufacturers, failed to re- ness of that person with regard to the year compliance of that person with applicable spond to the FAA’s request. Bear in 2000 technology problem as it relates to the safety regulations. mind that this survey is only 4 pages compliance of that person with applicable (d) FAILURE TO RESPOND.— long, and the FAA estimates it would safety regulations. (1) SURRENDER OF CERTIFICATE.—After No- take 45 minutes to fill it out at an av- (d) FAILURE TO RESPOND.— vember 1, 1999, the Administrator shall make (1) SURRENDER OF CERTIFICATE.—After No- a decision on the record whether to compel erage cost of $30. There is no excuse, in vember 1, 1999, the Administrator shall make any air carrier that has not responded on or my view, for this high rate of non- a decision on the record whether to compel before November 1, 1999, to a request for in- responsiveness to the FAA’s survey in- any air carrier that has not responded on or formation regarding the readiness of that air quiry of certificate holders. before November 1, 1999, to a request for in- carrier with regard to the year 2000 tech- The FAA did not conduct this survey formation regarding the readiness of that air nology problem as it relates to the air car- carrier with regard to the year 2000 tech- as a mere exercise. Reviewing a Y2K rier’s compliance with applicable safety reg- survey is often the only way the public nology problem as it relates to the air car- ulations to surrender its operating certifi- rier’s compliance with applicable safety reg- cate to the Administrator. can be sure an industry can keep func- ulations to surrender its operating certifi- (2) REINSTATEMENT OF CERTIFICATE.—The tioning safely into the new year. When cate to the Administrator. Administrator may return an air carrier op- such a high percentage of the aviation (2) REINSTATEMENT OF CERTIFICATE.—The erating certificate that has been surrendered industry fails to respond, the public Administrator may return an air carrier op- under this subsection upon— might as well be flying blind. erating certificate that has been surrendered (A) a finding by the Administrator that a under this subsection upon— These nonrespondents are mostly person whose certificate has been surren- smaller carriers and charter airlines— (A) a finding by the Administrator that a dered has provided sufficient information to person whose certificate has been surren- demonstrate compliance with applicable not major airlines, I would quickly dered has provided sufficient information to safety regulations as it relates to the year point out. But all of us have constitu- demonstrate compliance with applicable 2000 technology problem; or ents who fly on these small carriers safety regulations as it relates to the year (B) upon receipt of a certification, signed and rely on their cargo services. Their 2000 technology problem; or under penalty or perjury, by the chief oper- failure to respond to the request of (B) upon receipt of a certification, signed ating officer of the air carrier, that such air their regulator is, I think, unaccept- under penalty or perjury, by the chief oper- carrier has addressed the year 2000 tech- ating officer of the air carrier, that such air able, and I am sure my colleagues do as nology problem so that the air carrier will be well. carrier has addressed the year 2000 tech- in full compliance with applicable safety reg- nology problem so that the air carrier will be ulations on and after January 1, 2000. The FAA has given me an updated in full compliance with applicable safety reg- list of the members of the aviation in- Mr. DODD. Mr. President, I offer this ulations on and after January 1, 2000. dustry who have not responded to this amendment on behalf of myself, Sen- AMENDMENT NO. 2241, AS MODIFIED survey. I made the request, along with ator BENNETT, Senator MCCAIN, Sen- Mr. DODD. Mr. President, I ask unan- the chairman, last Thursday, to give ator ROCKEFELLER, and Senator HOL- imous consent that a modified version time to the members of their rep- of that amendment be permitted. I LINGS. I urge my colleagues to support this resentative organizations who were in send the modification to the desk. the room until today to comply with The PRESIDING OFFICER. Without proposal that would ground air carriers that do not respond to the Federal that survey. Of the 1,900 who had failed objection, it is so ordered. to comply last week, roughly 600 have The amendment is so modified. Aviation Administration’s request for information about their Y2K status. responded to the survey since last The amendment (No. 2241), as modi- Thursday. The list now contains 1,368 fied, is as follows: This information is obviously critical not only to Americans who are now carriers and operators who have not At the appropriate place, insert the fol- complied with the FAA’s survey re- lowing: making travel plans for the millen- quest on the Y2K issue. I told the peo- SEC. ll. FEDERAL AVIATION ADMINISTRATION nium period, but to all American busi- YEAR 2000 TECHNOLOGY SAFETY EN- nesses that rely on safe air transpor- ple in that hearing that, today, I would FORCEMENT ACT OF 1999. tation to keep their doors open, to pay submit the names of the air carriers, (a) SHORT TITLE.—This section be cited as manufacturers, or others with FAA the ‘‘Federal Aviation Administration Year employees, and to contribute to the na- tional economy. certificates who have not responded to 2000 Technology Safety Enforcement Act of the survey to the Senate and put them 1999’’. Through our work on the Special (b) DEFINITIONS.—In this section: Committee on the Year 2000 Tech- in the CONGRESSIONAL RECORD. (1) ADMINISTRATOR.—The term ‘‘Adminis- nology Problem, Senator BENNETT and Today, I ask unanimous consent that trator’’ means the Administrator of the Fed- I have learned how hard it is for Ameri- a list of 1,368 carriers and operators eral Aviation Administration. cans to determine what precautions who have not complied with these sur- (2) AIR CARRIER OPERATING CERTIFICATE.— they should take to prepare for the veys be printed in the RECORD. It lists The term ‘‘air carrier operating certificate’’ the States they are from and the has the same meaning as in section 44705 of year 2000. This task has been made un- title 49, United States Code. duly onerous by the failure of too names of the businesses that have not (3) YEAR 2000 TECHNOLOGY PROBLEM.—The many industries, including the avia- complied. I hope that, in the coming term ‘‘year 2000 technology problem’’ means tion industry, to disclose information days, these businesses will comply and a failure by any device or system (including about their Y2K status. provide the information to the FAA as any computer system and any microchip or The Y2K problem is a national chal- requested. integrated circuit embedded in another de- lenge that requires all of us to do what- Mr. President, I ask unanimous con- vice or product), or any software, firmware, ever it takes to make the transition sent that this list at a cost of $3,122.00, or other set or collection of processing in- be printed in the RECORD. structions to process, to calculate, to com- between this century and the next one pare, to sequence, to display, to store, to safe. The least any of us can do is to re- There being no objection, the mate- transmit, or to receive year-2000 date-related spond to surveys asking about the sta- rial was ordered to be printed in the data failures— tus of our Y2K preparations. RECORD, as follows: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11923 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- READINESS QUESTIONNAIRE NON-RESPONDENTS LIST NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- [As of October 4, 1999] tinued tinued [As of October 4, 1999] [As of October 4, 1999] State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate ALASKA: AIR LOGISTICS OF ALASKA EOPA 135 On-Demand INC. KENNICOTT WILDERNESS AIR D9TC 135 On-Demand HENDERSON BLACK AND H9GA 135 On-Demand DENALI WEST LODGE INC ..... D01C 135 On-Demand INC. GREENE. FUEL ...... EVAB 125 Air Operator KING AIR INC ...... KQAC 135 On-Demand HOLMAN FUNERAL HOME INC ETUA 135 On-Demand GIBSON, ROBERT A ...... G6BC 135 On-Demand KING SALMON GUIDES INC ... K3NC 135 On-Demand MEDJET INTERNATIONAL INC MDGA 135 On-Demand LOCKHEED MARTIN SERV- L5SC 135 Commuters LAKE CLARK AIR INC ...... HXXC 135 On-Demand MONTGOMERY AVIATION EA4A 135 On-Demand ICES INC. LANG, MARK E ...... L7CC 135 On-Demand CORPORATION. MILLER, DENNIS C ...... FXCA 135 On-Demand LAST FRONTIER AIR VEN- L49C 135 On-Demand OAK MOUNTAIN HELI- EETA 135 On-Demand MORRIS, JACK ...... JR7C 135 On-Demand TURES LTD. COPTERS INC. NEEDHAM, DARRELL R ...... N8PC 135 On-Demand LECHNER, BURDETTE J ...... BJLC 135 On-Demand SEASANDS AIR ...... N9RA 135 On-Demand PARKERSON, STAN ...... PJSC 135 On-Demand LEE, ANTHONY ...... W71C 135 On-Demand WILLIAMS, WOODROW ...... EUPA 135 On-Demand SWISHER, RICHARD C ...... QOFC 135 On-Demand LEE, DAVID J ...... EPOC 135 On-Demand : WARBELOWS AIR VENTURES WVBA 135 Commuters LOUGHRAN, CRAIG S ...... XL8C 135 On-Demand GULFSTREAM INTERNATIONAL ITJA 135 On-Demand INC. MACAIR INC ...... M41C 135 On-Demand AIRLINES TRAINING ACAD- ZACZKOWSKI, PAUL STEPHEN KY9C 135 On-Demand MARK MADURA INC ...... UMZA 135 On-Demand EMY. A C E FLYERS INC ...... JKWC 135 On-Demand MEEKIN MICHAEL ...... EQKC 135 On-Demand STEWART AVIATION SERV- HCPA 135 On-Demand ADAMS, BRAD ...... OUKC 135 On-Demand MERCHANT, CLIFFORD ROB- UVMC 135 On-Demand ICES INC. ADAMS, ROBERT L ...... U7GC 135 On-Demand ERT. YOUNKIN AIR SERVICE INC .. YOUA 135 On-Demand AIRBORNE SCIENTIFIC INC ... AS6C 135 On-Demand MIKE CUSACK’S KING SALM- KLOC 135 On-Demand ARIZONA: AKERS, MERLE W ...... WL6C 135 On-Demand ON LODGE INC. SPORTS JET LLC ...... J01B 135 On-Demand ALASKA NORTH COUNTRY E3KC 135 On-Demand MILLER, MARK ...... EMVC 135 On-Demand AERO JET SERVICES LLC ...... J7EA 135 On-Demand ENTERPRISES INC. MINTA INC ...... W9RA 135 On-Demand AEX AIR ...... A3XA 135 On-Demand ALASKA SKYWAYS INC ...... METC 135 On-Demand MORONEY, BRUCE J ...... T43C 135 On-Demand AIR EVAC SERVICES INC ...... VE7A 135 On-Demand ALASKAN BUSH SAFARI INC BT6C 135 On-Demand MURPHY, GEORGE W ...... XGMC 135 On-Demand AIR SAFARI INC ...... G9RA 135 On-Demand ALASKAS FISHING UNLIMITED F9UC 135 On-Demand N A C NETWORK INC ...... NN9A 135 On-Demand AIR WEST INC ...... W9WA 135 On-Demand INC. NEITZ AVIATION INC ...... NZYC 135 On-Demand AIRWEST LLC XW9A 135 On-Demand ALDRIDGE, RON ...... UDCC 135 On-Demand NEWHALEN LODGE INC ...... NL6C 135 On-Demand ARIZONA HELISERVICES INC A6ZA 135 On-Demand ALEUTIAN SPECIALTY AVIA- VZDA 135 On-Demand NICHOLSON, LARRY D ...... NL8C 135 On-Demand BRICE AVIATION SERVICE .... B8JA 135 On-Demand TION INC. NO SEE UM LODGE INC ...... N6SC 135 On-Demand CANYON STATE AIR SERVICE NYOA 135 On-Demand ALLIGOOD, ALLEN K ...... K7AC 135 On-Demand O’HARE AVIATION INC ...... XZPC 135 On-Demand INC. ALLWEST FREIGHT INC ...... W1FC 135 On-Demand ONEY, ANTHONY KING ...... ONYC 135 On-Demand CUTTER AVIATION INC ...... EKGA 135 On-Demand ALPINE AIR INC ...... YDAC 135 On-Demand ORTMAN, JOHN D ...... W4RC 135 On-Demand DELTA LEASING INC ...... QUHA 135 On-Demand ALYESKA AIR SERVICE INC .. X4SC 135 On-Demand OSOLNIK, MICHAEL J ...... BWAC 135 On-Demand DIAMOND AIR AIRLINES INC QIDA 135 On-Demand ANDREW AIRWAYS INC ...... D4NA 135 On-Demand OSPREY AIR II INC ...... O43C 135 On-Demand DIAMONDBACK AVIATION D6BA 135 On-Demand ARCHERY OUTFITTERS INC ... VYOC 135 On-Demand OSPREY AIR INC ...... O3SC 135 On-Demand SERVICES INC. ATKINS, JAMES A ...... J03C 135 On-Demand PACIFIC JET INC ...... JDMA 135 On-Demand EXECUTIVE AIRCRAFT SERV- EV6A 135 On-Demand BAL INC ...... W3LC 135 On-Demand PARMENTER, DAVID M ...... UWPC 135 On-Demand ICES INC. BARBER, JACK B ...... JKGC 135 On-Demand PETERSON, JOHN A ...... B00C 135 On-Demand EXPRESS AIR INC ...... E7RA 135 On-Demand BERRYMAN, JON M ...... EPQC 135 On-Demand POLAR EXPRESS AIRWAYS D2OC 135 On-Demand G MICHAEL LEWIN CORP ...... GMYA 135 On-Demand BETHE, KENNETH E ...... EQYC 135 On-Demand INC. H Y AVIATION INC ...... H9YA 135 On-Demand BICKMAN, JIM ...... B35C 135 On-Demand POLLACK AND SONS FLYING P1JC 135 On-Demand HELICOPTERS INC ...... H1NA 135 On-Demand BISHOP, GARY LEE ...... BMKC 135 On-Demand SERVICE INC. INTERSTATE EQUIPMENT I5EA 135 On-Demand BRENT, CARL E ...... B21C 135 On-Demand POLLUX AVIATION LTD ...... UPXC 135 On-Demand LEASING INC. BRISTOL BAY AIR SERVICE B9BC 135 On-Demand POPE, TIM W ...... N3NC 135 On-Demand JET ARIZONA INC ...... J7ZA 135 On-Demand INC. PRALLE, JEFF ...... H1GC 135 On-Demand KING AVIATION INC ...... OQHA 135 On-Demand BRISTOL BAY LODGE INC ..... B4YC 135 On-Demand PRECISION AVIATION INC ..... P8IC 135 On-Demand LEADING EDGE AVIATION INC ULDA 135 On-Demand BROWN BEAR AIR INC ...... B64C 135 On-Demand PRISM HELICOPTERS INC ..... EOOA 135 On-Demand MARSH AVIATION COMPANY ILIA 135 On-Demand BURWELL, JEFFERY S ...... P3BC 135 On-Demand PVT INC ...... JTBC 135 On-Demand INC. C AND L INC ...... ENEA 135 On-Demand RAINBOW KING LODGE INC .. RK0C 135 On-Demand MED-TRANS CORPORATION .. M3XA 135 On-Demand CHAPLIN, L JAMES ...... LJOC 135 On-Demand REDEMPTION INC ...... RI9A 135 Commuters MORTGAGE BANC CON- M6QA 135 On-Demand CLARK, HENRY C ...... KO9C 135 On-Demand SCENIC MOUNTAIN AIR INC LVKA 135 On-Demand STRUCTION CO. CLARK, JOHN W...... A40C 135 On-Demand SCHUSTER, JOE S ...... J4HC 135 On-Demand NATIVE AMERICAN AIR AM- S4WA 135 On-Demand BULANCE INC. CLEARWATER AIR INC ...... LAMA 135 On-Demand SCHWAB, MAX ...... XWQC 135 On-Demand RELIANT AVIATION LLC ...... K7BA 135 On-Demand COYOTE AIR LLC ...... CY6C 135 On-Demand SECURITY AVIATION INC ...... LATA 135 On-Demand SCOTTSDALE FLYERS LLC .... SD9A 135 On-Demand CUB DRIVER INC ...... VUDC 135 On-Demand SHUMAN, CECIL R ...... UKHC 135 On-Demand SOUTHWEST AIRCRAFT B2LA 135 On-Demand CUSACK, ROBERT A ...... R67C 135 On-Demand SKY QUEST VENTURES INC .. SQ9A 135 On-Demand CHARTER LC. DARDEN, DONALD E ...... EQRC 135 On-Demand SLUICE BOX INC ...... ENGC 135 On-Demand SUN WEST AVIATION INC ...... VH3A 135 On-Demand DAVIS, JEREMY S ...... DU5C 135 On-Demand SMOKEY BAY AIR INC ...... X53A 135 On-Demand SUN WESTERN FLYERS INC .. EKIA 135 On-Demand DENALI AIR INC ...... DLIA 135 On-Demand SOUSA, GERALD L ...... TOKC 135 On-Demand SUPERSTITION AIR SERVICE EIYA 135 On-Demand DITTLINGER, BRET ...... K9SC 135 On-Demand SOUTH BAY LTD ...... YB9A 135 On-Demand INC. EATON, GLEN ...... ENOC 135 On-Demand STARFLITE INC ...... EQSC 135 On-Demand T AND G AVIATION INC ...... RJFA 135 On-Demand EGGE, LORI L ...... IUKA 135 On-Demand STEARNS AIR ALASKA INC .... UGJC 135 On-Demand THE CONSTELLATION GROUP TOCM 135 On-Demand EHRHART, JAMES E ...... EH0C 135 On-Demand STRONG, EDWARD D ...... E03C 135 On-Demand THE GLOBAL GROUP ...... T6MA 135 On-Demand ELLIS, WILLIAM COLE ...... WEOC 135 On-Demand SWISS, JOHN S ...... EMLC 135 On-Demand TOM CHAUNCEY CHARTER EJTA 135 On-Demand EMERY, CRAIG A ...... VDQC 135 On-Demand TRAIL RIDGE AIR INC ...... YGOC 135 On-Demand COMPANY. EVERGREEN HELICOPTERS EHAA 135 On-Demand TRANS ALASKA HELICOPTERS ELOA 135 On-Demand UROPP, DANIEL P ...... D0KA 135 On-Demand OF ALASKA INC. INC. WESTCOR AVIATION INC ...... EKLA 135 On-Demand EXOUSIA INC ...... M9UC 135 On-Demand TUCKER AVIATION INC ...... TKAC 135 On-Demand WESTWIND AVIATION INC ..... WIWA 135 On-Demand F S AIR SERVICE INC ...... STZA 135 Commuters ULMER INC ...... INXA 135 On-Demand AIR STAR HELICOPTERS INC QKLA 135 On-Demand FILKILL, DAVID B ...... YEOC 135 On-Demand UYAK AIR SERVICE INC ...... EPIA 135 On-Demand BLUMENTHAL, JAMES R ...... SKAB 125 Air Operator FRESH WATER ADVENTURES BPMC 135 On-Demand VANDERPOOL, JOSEPH J ...... VJWC 135 On-Demand GCNA 121 Domestic/Flag INC. VANDERPOOL, ROBERT W SR V5PC 135 On-Demand INC. GALAXY AIR CARGO INC ...... GX7C 135 On-Demand VERN HUMBLE ALASKA AIR HVKC 135 On-Demand WINDROCK AVIATION LLC ..... WR7A 135 On-Demand GLASER, DONALD E ...... GQDC 135 On-Demand ADVENTURE INC. SPAA 121 Domestic/Flag GLENN, DAVID HAMILTON ..... G7HC 135 Commuters VILLAGE AVIATION INC ...... HYQA 135 Commuters INC. INC ...... ENHA 135 Commuters VREM, TRACY J ...... V3JC 135 On-Demand SUN PACIFIC INTERNATIONAL S1NA 121 Domestic/Flag GREEN, GARY D ...... MGWC 135 On-Demand WARREN, MARK J ...... W03C 135 On-Demand INC. GRETZKE, ROBERT C ...... WN6C 135 On-Demand WEBSTER, JAMES M ...... WF8C 135 On-Demand CALIFORNIA: HAGELAND AVIATION SERV- EPUA 135 Commuters WIEDERKEHR AIR INC ...... EMKC 135 On-Demand YADA 135 On-Demand ICES INC. WIRSCHEM, CHARLES ...... WVUA 135 On-Demand INC. HALL, WILLIAM ELLIS ...... WXYA 135 On-Demand WOODIN, WILLIAM HAROLD .. SKOC 135 On-Demand VICTORIA FOREST AND VF9M 125 Air Operator HANGER ONE AIR INC ...... H1YC 135 On-Demand YUKON HELICOPTERS INC .... YUKC 135 On-Demand SCOUT LLC. HARRISS, BAYLIS EARLE ...... HOBC 135 On-Demand YUTE AIR ALASKA INC ...... YAAA 135 On-Demand AIR AURORA INC ...... CFHA 135 On-Demand HATELY, WILLIAM ...... E2KC 135 On-Demand YUTE AIR TAXI INC ...... YUEC 135 On-Demand THUNDER SPRING-WAREHAM T7HA 135 On-Demand HICKS, DAVID ...... T26C 135 On-Demand ALASKAN OUTBACK ADVEN- O5BA 135 On-Demand LLC II. HIGH ADVENTURE AIR CHAR- ZKTC 135 On-Demand TURES. AIRLINERS OF AMERICA INC W8JM 125 Air Operator TER GUIDES AND OUTFIT- DOYON, DAVID P ...... EKTA 135 On-Demand ARCTIC AIR SERVICE INC ..... NAAA 135 On-Demand TERS I. HAYES, ARTHUR D ...... EKRA 135 On-Demand ASPEN HELICOPTERS INC ..... IGAA 135 On-Demand HILDE, DEAN MITCHELL ...... D20C 135 On-Demand LAUGHLIN, HAROLD J ...... LFKA 135 On-Demand AVJET CORPORATION ...... ABFA 135 On-Demand HUDSON AIR SERVICE INC ... EMWC 135 On-Demand MASDEN, MICHELLE ...... IW7A 135 On-Demand CHANNEL ISLANDS AVIATION DDEA 135 On-Demand HUGHES, CLARENCE O ...... H9MC 135 On-Demand RANNEY, GAYLE AND STEVE LGDA 135 On-Demand INC. ILIAMNA AIR GUIDES INC ..... YKMC 135 On-Demand REIMER, DOUGLAS D ...... NOGA 135 On-Demand GENESIS AVIATION INC ...... G1NB 125 Air Operator ILIAMNA AIR TAXI INC ...... EONA 135 On-Demand SKAGWAY AIR SERVICE INC FYOA 135 Commuters SPIRIT AVIATION INC ...... DWHA 135 On-Demand J AND M ALASKA AIR TOURS HVUA 135 On-Demand TAL AIR ...... T8FA 135 On-Demand STAR AIRWAYS ...... WY8A 135 On-Demand INC. TYME AIR ...... T1MA 135 On-Demand SURFAS, FRANK N ...... XZLA 135 On-Demand JAMES TRUMBULL INC ...... A3WC 135 On-Demand WILSON, STEVE R ...... YAXA 135 On-Demand THE AIR GROUP INC ...... ACNA 135 On-Demand JIM AIR INC ...... IUJA 135 Commuters ALABAMA: THE ARGOSY GROUP INC ..... AGHA 135 On-Demand JOHNSON, JOSH W ...... OHQC 135 On-Demand B C AVIATION SERVICES ...... B4ZA 135 On-Demand AIRMANNS AVIATION INC ...... ZM5A 135 On-Demand JOHNSTON, THOMAS ...... S2TC 135 On-Demand CHARTER SERVICES INC ...... ZZTA 135 On-Demand AVTRANS CORPORATION ...... VKHA 135 On-Demand JONES, ROBERT D JR ...... H4AC 135 On-Demand DOTHAN AIR CHARTER INC .. EUUA 135 On-Demand C AND D INTERIORS ...... C02M 125 Air Operator KACHEMAK AIR SERVICE INC ELTA 135 On-Demand DOUBLE BRIDGES AVIATION D9UA 135 On-Demand CARDINAL AIR SERVICES INC DNSA 135 On-Demand KACHEMAK BAY FLYING YKBA 135 On-Demand EXECUTIVE AVIATION SERV- EX6A 135 On-Demand CENTURY WEST INC ...... CIOA 135 On-Demand SERVICE INC. ICE INC. DOUGLAS AIRCRAFT COM- DACM 125 Air Operator KANTISHNA AIR TAXI INC ..... XAKC 135 On-Demand FLYING M AVIATION INC ...... HROA 135 On-Demand PANY. KATMAI PRO SHOP INC ...... K4PC 135 On-Demand GULF AVIATION INC ...... G62A 135 On-Demand EMERALD AIR INC ...... VZMA 135 On-Demand KENAI AIR ALASKA INC ...... EMDA 135 On-Demand GULF COAST CHARTERS L L G94A 135 On-Demand HELISTREAM INC ...... JMXA 135 On-Demand KENAI FJORD OUTFITTERS XKNA 135 On-Demand C. ORANGE COUNTY SUNBIRD QGXA 135 On-Demand INC. HELI-PLANE ...... H9LA 135 On-Demand AVIATION. S11924 CONGRESSIONAL RECORD — SENATE October 5, 1999 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

RAINBOW AIR ACADEMY INC MNOA 135 On-Demand MCCLELLAND, JOHN AND HLRA 135 On-Demand FLY SAFELY INC ...... F77A 135 On-Demand ROSS, BRUCE A AND HER- MGHA 135 On-Demand TERI. KENN AIR CORP ...... ILZA 135 On-Demand MAN, JAMES S. MEDIPLANE INC ...... JBZA 135 On-Demand MAGIC CHARTER INC ...... OVAA 135 On-Demand TG AIR INC ...... TG8A 135 On-Demand PACIFIC STATES AVIATION CPFA 135 On-Demand MARATHON FLIGHT SCHOOL LCRA 135 On-Demand AMERICAN CARE INC ...... F75A 135 On-Demand INC. INC. CASCADE AIR LINES ...... W3VA 135 On-Demand S P AVIATION INC ...... SPOA 135 On-Demand MISSIONAIR ...... M4HM 125 Air Operator CAVOK INC ...... CWNA 135 On-Demand SCENIC AIR INC ...... S5TA 135 On-Demand NATIONAL AIR CHARTERS NA6A 135 On-Demand CLARK, JAMES L ...... XARA 135 On-Demand SKELLET, ANNALOU ...... PQWA 135 On-Demand INC. INC IBUA 135 On-Demand SMITH AIR INC ...... CQIA 135 On-Demand PHILIPS AND JORDAN INC .... JFQA 135 On-Demand ISLAND HOPPER INC ...... ISFA 135 On-Demand TOMCAT VERTICAL AIR ...... T9VA 135 On-Demand PRETSCH, ERNEST ...... FOFA 135 On-Demand JAAZ, GERHARD JACK ...... DKKA 135 On-Demand TRINITY HELICOPTERS INC ... TH6A 135 On-Demand REGIONAL AIR CHARTERS M97A 135 On-Demand JETSOURCE CHARTER INC .... AMPA 135 On-Demand WESTLOG INC ...... JXKA 135 On-Demand INC. LIQUID CHARTER SERVICES L3SA 135 On-Demand COLORADO: SEBASTIAN AERO SERVICES VWKA 135 On-Demand INC. AERO SYSTEMS INC ...... CKEA 135 On-Demand INC. LUNDY AIR CHARTER INC .... LQUA 135 On-Demand CORP ...... QMLA 135 On-Demand SUN AVIATION INC ...... ECWA 135 On-Demand MERIDIAN AIR CHARTER INC MZ6A 135 On-Demand AIRCAM NATIONAL HELI- VMIA 135 On-Demand TRANS NORTHERN AIRWAYS IHMA 135 On-Demand SHIER AVIATION CORP ...... IVSA 135 On-Demand COPTER SERVICES INC.. INC. SKY LIMO WEST INC ...... SZ0A 135 On-Demand ASPEN BASE OPERATION INC CKBA 135 On-Demand UNIVERSITY OF FLORIDA UFEM 125 Air Operator TANGO AIR INC ...... LOMA 135 On-Demand BAAN HOFMAN, CHERYL ...... B5HA 135 On-Demand ATHLETIC ASSOCIATION. CAL VADA AIRCRAFT INC ..... AQNA 135 On-Demand CB AIR INC ...... OAXA 135 On-Demand VNWA 135 Commuters COFFELT, JOHN X ...... CFKA 135 On-Demand DISCOVERY AIR INC ...... IYDA 135 On-Demand INC. ENGLISH, DANIEL B ...... XDOA 135 On-Demand FLATIRONS AVIATION COR- YFAA 135 On-Demand WHISPER AIRLINES INC ...... KCDA 135 On-Demand RALSTON AVIATION ...... R7NA 135 On-Demand PORATION. ADVENTURE FLOATPLANE INC Y6RA 135 On-Demand AERO MICRONESIA INC ...... 15PA 121 Supplemental G AND G FLIGHT INC ...... YGHA 135 On-Demand AIR CHARTER ONE INC ...... CO6A 135 On-Demand AIR S F FLIGHT SERVICE ...... F81A 135 On-Demand GALENA AIR SERVICES COM- GN0A 135 On-Demand AIR FLIGHT INC ...... AFWA 135 On-Demand AMI JET CHARTER INC ...... IJOA 135 On-Demand PANY. AIRCOASTAL HELICOPTERS JJWA 135 On-Demand ARIS HELICOPTERS LTD ...... CAXA 135 On-Demand GEO-SEIS HELICOPTERS INC EKKA 135 On-Demand INC. BAY AIR CHARTER ...... OUOA 135 On-Demand ...... KY7A 135 On-Demand EMECTEC CORP ...... E7CA 135 On-Demand LAWRENCE, KIRKLAND XSNA 135 On-Demand AMELIA AIRWAYS INC ...... A2AA 135 On-Demand EMPIRE AVIATION INC ...... EP7A 135 On-Demand WAYNE. PCSA 121 Supplemental EXECUTIVE HUYA 135 On-Demand MACK FLIGHT LEASE INC ..... F4KM 125 Air Operator INC. SERVICE INC. MAYO AVIATION INC ...... CIEA 135 On-Demand A-OK JETS ...... FAUA 135 On-Demand IBC AVIATION SERVICES INC IB9A 135 On-Demand MILAM INTERNATIONAL INC .. CJPA 135 On-Demand ARAWAK AVIATION INC ...... EYDA 135 On-Demand SAN JOSE AIR CARGO INC ... SJ9A 135 On-Demand MILE HI AIRCRAFT MANAGE- MH6A 135 On-Demand ATLANTIC AIRLINES INC ...... HWTA 135 On-Demand T E Q CORPORATION ...... BMWA 135 On-Demand MENT INC. BEL AIR TRANSPORT ...... MJNA 135 On-Demand VAN WAGENEN, ROBERT F ... VWGA 135 On-Demand MOUNTAIN AVIATION INC ...... VQMA 135 On-Demand BIMINI INC ...... B5MA 135 On-Demand VERTICARE ...... CBFA 135 On-Demand MOUNTAIN FLIGHT SERVICE OGQA 135 On-Demand BLACKHAWK INTL AIRWAYS .. IKWA 135 On-Demand AMERICAN VALET AIR INC .... VMNA 135 On-Demand ORION HELICOPTERS INC ..... CIQA 135 On-Demand CATALINA AEROSPACE COR- C40A 135 On-Demand AVIATION INTERNATIONAL A8YA 135 On-Demand PIKES PEAK CHARTER L L C PQ9A 135 On-Demand PORATION. ROTORS INC. RED MOUNTAIN AVIATION L L RV0A 135 On-Demand COMMERCIAL AVIATION EN- JKBA 135 On-Demand DESERT AIRLINES AND EFAA 135 On-Demand C. TERPRISES INC. AEROMEDICAL TRANS- ROCKY MOUNTAIN AVIATION J6TA 135 On-Demand C7WA 121 Supplemental PORT INC. SEA PACIFIC INC ...... URGA 135 On-Demand INC. EXECUTIVE AVIATION LOGIS- EEUA 135 On-Demand SUNDANCE AIR INC ...... MGDA 135 On-Demand EXECSTAR AVIATION INC ...... XVQA 135 On-Demand TICS INC. TURBO WEST CORPAC INC ... TQWA 135 On-Demand EXECUTIVE AIR CHARTER OF FOMA 135 On-Demand NORTHAIR INC ...... NH9A 135 On-Demand WINDSTAR AVIATION CORP ... CIWA 135 On-Demand BOCA RATON. ORCO AVIATION INC ...... EEAA 135 On-Demand AMERICAN CHECK TRANS- VOXA 135 On-Demand FLIGHT TRAINING INTER- RL6A 135 On-Demand PARALIFT INC ...... VPLM 125 Air Operator PORT INC. NATIONAL INC. PRO-CRAFT AVIATION INC .... JI3A 135 On-Demand CENTURY AVIATION INC ...... GNTA 135 On-Demand FLORIDA AIR TRANSPORT FLRB 125 Air Operator SAN BERNARDINO COUNTY SB9A 135 On-Demand DURANGO AIR SERVICE INC CMIA 135 On-Demand INC. SHERIFFS AVIATION DIVI- EARTH CENTER ADVENTURES E4HA 135 On-Demand FLORIDA SUNCOAST AVIA- F7UA 135 On-Demand SION. INC. TION INC. SKYDIVE ELSINORE INC ...... K2EM 125 Air Operator GUNSLINGER INVESTMENT W9CA 135 On-Demand FLYING BOAT INC ...... FVYA 121 Domestic/Flag AIR BY JET L L C ...... J2IA 135 On-Demand CORP. GULF AND CARIBBEAN VGCA 121 Supplemental AIR DESERT PACIFIC CORP .. UDPA 135 On-Demand PREMIER AVIATION INC ...... PGFA 135 On-Demand CARGO INC. AIR JUSTICE INC ...... J9SA 135 On-Demand TUCKER, BLAINE ...... CLRA 135 On-Demand HOP A JET INC ...... EXOA 135 On-Demand C A T S TOURS INC ...... C9UA 135 On-Demand WESTERN AVIATORS INC ...... W6TA 135 On-Demand JET CHARTER INTER- YJIA 135 On-Demand CORSAIR COPTERS INC ...... DG0A 135 On-Demand WESTERN SLOPE HELI- WL8A 135 On-Demand NATIONAL INC. INC G2WA 135 On-Demand COPTERS INC. INC ...... YLXA 135 On-Demand INTER ISLAND YACHTS INC .. I2YA 135 On-Demand JETPROP INC ...... J25A 135 On-Demand M W TRAVEL AND LEISURE M8WA 135 On-Demand M B AIRWAYS INC ...... XMBA 135 On-Demand CONNECTICUT: INC. MANHATTAN BANKER COR- YCSA 135 On-Demand DELTA JET LTD ...... FUUA 135 On-Demand MID-STAR INC ...... YLPA 135 On-Demand PORATION. DISTRICT OF COLUMBIA: NEALCO AIR CHARTER SERV- N5CA 135 On-Demand MERCURY AIR CARGO INC ... M27A 135 On-Demand CAPITAL HELICOPTERS L L C H14A 135 On-Demand ICES INC. NORTHROP GRUMMAN AVIA- NOZA 135 On-Demand SHORT BROTHERS USA INC SB8M 125 Air Operator PALM BEACH AEROSPACE P58M 125 Air Operator TION INC. DELAWARE: INC. OCCIDENTAL PETROLEUM OCPM 125 Air Operator AMERICAN AEROSPACE COR- D4AA 135 On-Demand PALM BEACH COUNTY HC7A 135 On-Demand CORP. PORATION. HEALTH CARE DISTRICT. OIL AND GAS MANAGEMENT OG8A 135 On-Demand CANNAVO, DAVID ...... EHEA 135 On-Demand PARADISE CICA 121 Domestic/Flag CORPORATION. DAWN AERO INC ...... DIQA 135 On-Demand INC. ROUSE, MARC S ...... R5FA 135 On-Demand MARSHALL GEOSURVEY AS- M0YM 125 Air Operator PERSONAL JET CHARTER INC EZKA 135 On-Demand TRANS-EXEC AIR SERVICE DVYA 135 On-Demand SOCIATES. PLANE SPACE INC ...... P62A 135 On-Demand INC. MERCURY RESEARCH AND MK0M 125 Air Operator PLANET AIRWAYS INC ...... PZ6A 121 Domestic/Flag UNIVERSAL JET INC ...... U3JA 135 On-Demand SURVEYING. POMPANO HELICOPTERS INC P8HA 135 On-Demand WESTFIELD AVIATION INC ..... WTZM 125 Air Operator AMERICAN INTERNATIONAL I4NA 135 On-Demand SEMINOLE TRIBE OF FLOR- S64A 135 On-Demand ATKIN, WILLARD KENT ...... WNHA 135 On-Demand AVIATION CORP. IDA. CARTER FLYGARE INC ...... SA8A 135 On-Demand VALLEY RESOURCES INC ...... VRYM 125 Air Operator SOUTHEASTERN JET AVIA- SJ6A 135 On-Demand CELEBRITY AIR INC ...... C86A 135 On-Demand FLORIDA: TION INC. EVERSON, DAVID E ...... QVHA 135 On-Demand OMNI AVIATION INC ...... OI8A 135 On-Demand SOUTHERN FLARE INC ...... F25A 135 On-Demand HILLSIDE AVIATION INC ...... AXHA 135 On-Demand CHIPOLA AVIATION INC ...... ETSA 135 On-Demand STUART JET CENTER INC ..... VSAA 135 On-Demand N T ENLOE MEMORIAL HOS- NTQA 135 On-Demand PARADISE HELICOPTERS INC P1LA 135 On-Demand TRIANGLE AIRCRAFT SERV- T9GM 125 Air Operator PITAL. PENSACOLA AVIATION CEN- KRTA 135 On-Demand ICES INC. OROVILLE AVIATION INC ...... LIKA 135 On-Demand TER. TROPIC AIR CHARTERS INC T4CA 135 On-Demand PACIFIC COAST BUILDING PCPA 135 On-Demand SOWELL AIRCRAFT SERVICE V4SA 135 On-Demand TWIN TOWN LEASING CO INC EYLA 135 On-Demand PRODUCTS INC. INC. VOLAR HELICOPTERS INC ..... VOLA 135 On-Demand REDDING AERO ENTER- MNVA 135 On-Demand SOWELL AVIATION COMPANY DW4A 135 On-Demand WORLD JET CHARTERS INC .. WUJA 135 On-Demand PRISES INC. INC. AIR RECOVERY INC ...... YRUA 135 On-Demand REDDING AIR SERVICE INC .. AUMA 135 On-Demand SUNSHINE AERO INDUSTRIES EUBA 135 On-Demand AIR SAL INC ...... JCOA 135 On-Demand SHASTA LIVESTOCK AUCTION WV8A 135 On-Demand AIR CLASSIC CARGO INC ..... LXEA 135 On-Demand AIRGLASS AVIATION INC ...... S3HA 135 On-Demand YARD INC. CHARTER INC .. H8DA 135 On-Demand ATLANTIC AIR CARGO INC .... XAUA 135 On-Demand WEATHERS, TERRY M AND AVWA 135 On-Demand AIR ONE INC ...... HZUA 135 On-Demand AVIATOR SERVICES INC ...... UFVA 135 On-Demand JEAN L. AIR ORLANDO CHARTER INC AOUA 135 On-Demand COLLIER COUNTY HELI- CCHA 135 On-Demand WOODLAND AVIATION INC .... AWKA 135 On-Demand AIRSCAN INC ...... OIPA 135 On-Demand COPTER OPERATION. AIR AMBULANCE INC ...... BZXA 135 On-Demand ATLANTIC AIRWAYS INC ...... TCXA 135 On-Demand CONTINENTAL AVIATION CX0B 125 Air Operator AIR WOLFE FREIGHT INC ...... W27A 135 On-Demand BORGHORST, MARK ...... B55B 125 Air Operator SERVICES INC. AMPHIBIOUS ADVENTURES X47A 135 On-Demand BRAUNIG CORPORATION INC JG8A 135 On-Demand CHARTERS C5GA 135 On-Demand INC. C AND R LEASING INC ...... E1VA 135 On-Demand INC. CONCORD JET SERVICE INC CJBA 135 On-Demand CLYDE AIR INC ...... TQ6A 135 On-Demand EXEC AIR INC OF NAPLES .... E69A 135 On-Demand COOK, WILLIAM B ...... COIA 135 On-Demand CONSTRUCTION INSURANCE ORGA 135 On-Demand FUN AIR CORP ...... FUNB 125 Air Operator DC-3 FLIGHTS INC ...... UUDM 125 On-Demand SERVICES INC. GOLDEN AIRLINES INC ...... G1LA 135 On-Demand GABEL, KYLE AND GLENDA .. NG7A 135 On-Demand CORPORATE AIRWAYS INC ... FCTA 135 On-Demand GULF COAST AIRWAYS INC ... GW0A 135 On-Demand HUMBOLDT GROUP ...... H29A 135 On-Demand DEAL AEROSPACE CORPORA- D5EA 135 On-Demand HUGHES FLYING SERVICE EYAA 135 On-Demand KEB AIRCRAFT SALES INC .... XSKM 125 Air Operator TION. INC. L W WINTER HELICOPTERS W7SE 135 On-Demand DISCOVERY AIR CHARTER DIBA 135 On-Demand I–LAND AIR CORPORATION ... IL7A 135 On-Demand INC. INC. MARCO AVIATION INC ...... MAEA 135 On-Demand LARON ENTERPRISES INC .... COPA 135 On-Demand F I T AVIATION INC ...... ECQA 135 On-Demand MARIOS AIR INC ...... C8QA 135 On-Demand LARSEN, JAMES E ...... COGA 135 On-Demand FLIGHT EXPRESS INC ...... FPIA 135 On-Demand MILLON AIR INC ...... MIRA 121 Supplemental October 5, 1999 CONGRESSIONAL RECORD — SENATE S11925 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

ROBINSON AIR CRANE INC .. R19A 135 On-Demand AIR KETCHUM IDAHO INC ..... K7MA 135 On-Demand KANSAS CITY AVIATION CEN- AMYA 135 On-Demand SKYS FLIGHT SERVICE INC ... S59A 135 On-Demand AIR RESOURCES INC ...... A00A 135 On-Demand TER INC. SUPER THREE INC ...... SU6M 125 Air Operator ARNOLD, RAY E ...... REAA 135 On-Demand ACE AVIATION CORPORATION BWWA 135 On-Demand TRANS AIR LINK CORP ...... TALA 121 Supplemental CREW CONCEPTS INC ...... FZOA 135 On-Demand CHARTERS INC ...... QCHA 135 On-Demand WCA TRANSPORTATION WT8A 135 On-Demand CURRIE, DAVID A ...... X5HA 135 On-Demand KANSAS AIR CENTER INC ..... CXIA 135 On-Demand SERVICES INC. HELI’KO INC ...... MGRA 135 On-Demand OLIVER AVIATION INC ...... OAVA 135 On-Demand PARADISE FLIGHTS INC ...... P31A 135 On-Demand HORMAECHEA, RICHARD M .. XXRA 135 On-Demand PFEIFER, CAROL AND OR IURA 135 On-Demand AIR SITARAH INC ...... IBHC 135 On-Demand IDAHO TRANSPORT SERVICE IBNA 135 On-Demand STEVEN J. BAY AIR FLYING SERVICE EDDA 135 On-Demand INC. RAYTHEON AIRCRAFT SERV- ERYA 135 On-Demand INC. JEFLYN AVIATION INC ...... JL9A 135 On-Demand ICES INC. COMMANDER AIRWAYS INC .. SUEA 135 On-Demand MCCALL AIR TAXI INC ...... GBWA 135 On-Demand SCHREIB-AIR INC ...... S31A 135 On-Demand EAGLE AIR CORP ...... E2CA 135 On-Demand MIDDLE FORK AVIATION INC MKTA 135 On-Demand YINGLING AIRCRAFT INC ...... BWRA 135 On-Demand EXECUJET CHARTER SERVICE EV7A 135 On-Demand PERE, GUY A ...... PGKA 135 On-Demand SUNSET AERO SERVICES INC SSTA 135 On-Demand INC. PIONEER AVIATION INC ...... FZQA 135 On-Demand KENTUCKY: EXECUTIVE AVIATION CHAR- HD9A 135 On-Demand REGIONAL EXPRESS CO ...... RECA 135 On-Demand CENTRAL AMERICAN AIR AZWA 135 On-Demand TERS INC. STANLEY AIR TAXI INC ...... IKOA 135 On-Demand TAXI INC. FLIGHTLINE GROUP INC ...... FBUA 135 On-Demand THOMAS HELICOPTERS INC .. GBNA 135 On-Demand COMMONWEALTH HELI- C90A 135 On-Demand GLOBAL AIR CHARTER INC ... G2CA 135 On-Demand WESTERN AIRWAYS INC ...... KHSA 135 On-Demand COPTERS INC. HUFFMAN AVIATION INC ...... HZAA 135 On-Demand Z AIR ...... ZI0A 135 On-Demand DON DAVIS AVIATION INC ..... FGBA 135 On-Demand JONES FLYING SERVICE INC ECTA 135 On-Demand BUSINESS AVIATION INC ...... BU7A 135 On-Demand EMERALD AVIATION INC ...... INKA 135 On-Demand LEADING EDGE AVIATION L1EA 135 On-Demand HILLCREST AIRCRAFT CO INC GFLA 135 On-Demand HORIZON AVIATION INC ...... QZNA 135 On-Demand CHARTER SERVICE. NORTHERN AIR INC ...... NR9A 135 On-Demand KENTUCKY AIRMOTIVE INC ... KKIA 135 On-Demand PRIORITY JETS INC ...... NWHA 135 On-Demand OROFINO AVIATION INC ...... INMA 135 On-Demand MIDLINE AIR FREIGHT ...... E7TA 135 On-Demand RED BARON AVIATION INC ... REBA 135 On-Demand PANHANDLE HELICOPTER INC PHAA 135 On-Demand NEW IMAGE AIR INC ...... N9IA 135 On-Demand SARASOTA AIRWAYS INC ...... SQ8A 135 On-Demand RESORT AVIATION SERVICES YRVA 135 On-Demand PEGASUS AIRWAYS INC ...... PK9A 135 On-Demand STRONG AIR AIR CARGO INC E35A 135 On-Demand INC. SUNWORLD INTERNATIONAL SQ7A 121 Domestic/Flag SUN JET INTERNATIONAL INC A4JA 121 Supplemental SCANLON, JOHN T ...... SCFA 135 On-Demand AIRLINES INC. WALKABOUT AIR ...... WK9A 135 On-Demand STOUT FLYING SERVICE INC WQEA 135 On-Demand LOUISIANA: DSTS INC ...... D8TM 125 Air Operator WHITEWATER CREEK INC ..... W7IA 135 On-Demand AIR RELDAN INC ...... HEBA 135 On-Demand PAXSON COMMUNICATIONS XP0M 125 Air Operator ILLINOIS: AMERICAN AVIATION LLC ..... A05A 135 On-Demand CORPORATION. METRO-EAST AIR SERVICE DFIA 135 On-Demand BATON ROUGE AIR CHARTER GOWA 135 On-Demand GEORGIA: INC. AND MANAGEMENT. QUICKSILVER AVIATION INC QCKA 135 On-Demand AERO TAXI ROCKFORD INC .. CGYA 135 On-Demand BUTLER AVIATION INC ...... YBBA 135 On-Demand AIR CHARTERS INC ...... C89A 135 On-Demand AIR ANGELS INC ...... X34A 135 On-Demand CAPITAL CITY AIR SERVICE L7WA 135 On-Demand AIRLINE AVIATION ACADEMY ACDA 135 On-Demand AIRWAY CHARTER SERVICE IXLA 135 On-Demand INC. INC. INC. CHARLIE HAMMONDS FLYING HMDA 135 On-Demand AVIOR TECHNOLOGIES OPER- A8OA 135 On-Demand ALLEGRA AIRCRAFT ...... XUNA 135 On-Demand SERVICE INC. ATIONS INC. ALPINE AVIATION CORP ...... CEVA 135 On-Demand EXCEL AIR CHARTER L L C .. L5GA 135 On-Demand CRITICAL CARE MEDFLIGHT MFGA 135 On-Demand DB AVIATION INC ...... IEYA 135 On-Demand GULF STATES AIR INC ...... SG6A 135 On-Demand INC. DIAMOND INTERNATIONAL D9IA 135 On-Demand INDUSTRIAL HELICOPTERS IIFA 135 On-Demand CUSTOM AIR SERVICE INC ... C9QB 125 Air Operator AIRLINES INC. INC. DODSON INTERNATIONAL DOSA 135 On-Demand EAGLE AIR TRANSPORT INC E2TM 125 Air Operator LOUISIANA AIRCRAFT COM- UGIA 135 On-Demand CORP. GREAT BEAR AVIATION COM- G7BA 135 On-Demand PANIES INC. EPPS AIR SERVICE INC ...... ESMA 135 On-Demand PANY. MAYEUXS FLYING SERVICE KEVA 135 On-Demand GEORGIA FLIGHT INC ...... IXGA 135 On-Demand INTEGRATED FLIGHT RE- I4FA 135 On-Demand INC. SOURCES INC. H C L AVIATION INC ...... UHVA 121 Domestic/Flag INTERNATIONAL AIRWAY EX- VJCA 135 On-Demand MCMAHAN AVIATION INC ...... GQ8A 135 On-Demand HILL AIRCRAFT AND LEASING ESEA 135 On-Demand PRESS INC. PETROLEUM HELICOPTERS HEEA 135 On-Demand CORP. LUMANAIR INC ...... CGFA 135 On-Demand INC. HOUSTON AIR INC ...... H3AA 135 On-Demand MALEC HOLDINGS LTD ...... UMQA 135 On-Demand PRIORITY AIR INC ...... FTMA 135 On-Demand LOWE AVIATION CO INC ...... ETEA 135 On-Demand MIDWEST HELICOPTER AIR- CHVA 135 On-Demand REILLY ENTERPRISES L L C RE0A 135 On-Demand METRO ENVIRONMENTAL AS- M1VA 135 On-Demand WAYS INC. SEA AIR SERVICE INC ...... KBNA 135 On-Demand SOCIATES INC. NAC AIRLINE INC ...... CFBA 135 On-Demand SOUTHERN HELICOPTERS HDCA 135 On-Demand EXPRESS INC .. USVA 121 Domestic/Flag NORTH AMERICAN JET CJ6A 135 On-Demand INC. SMITHAIR INC ...... ETHA 135 On-Demand CHARTER GROUP INC. TIGER ATHLETIC FOUNDA- OTFA 135 On-Demand SOUTHEASTERN AIR CHAR- MFJA 135 On-Demand NORTH WESTERN AVIATION YNIA 135 On-Demand TION. TER INC. INC. TRANS GULF SEAPLANE HEIA 135 On-Demand UK–USA HELICOPTERS INC .. UK6A 135 On-Demand NORTHWEST FLYERS INC ..... NW9A 135 On-Demand SERVICE INC. HAWAII: O O T AIR EXPRESS COM- OO6A 135 On-Demand TRANS-GULF AVIATION INC .. TFUA 135 On-Demand ABOVE IT ALL INC ...... OVFA 135 On-Demand PANY. VINTAGE WINGS AND THINGS VWFM 135 Air Operator AIR LINKS INC ...... L6KA 135 On-Demand OLIVERS HELICOPTERS INC .. OBYA 135 On-Demand CASINO AIRLINES INC ...... C37A 121 Domestic/Flag AIR NEVADA AIRLINES INC ... RNVA 135 Communities OWNERS JET SERVICES LTD LJCA 135 On-Demand MASSACHUSETTS: ALII AVIATION INC ...... ALUA 135 On-Demand ROTERS IN MOTION INC ...... A9XA 135 On-Demand HYANNIS AIR SERVICE INC .. HYIA 135 Commuters CIRCLE RAINBOW AIR INC ... DCRA 135 On-Demand SCOTT AVIATION INC ...... SVTA 135 On-Demand ISLAND SHUTTLE INC ...... ISIA 135 On-Demand GENAVCO CORP ...... GVCA 135 On-Demand SOUTH SUBURBAN AVIATION XZSA 135 On-Demand WIGGINS AIR CARGO INC ..... W6CA 135 On-Demand HAWAII AIR AMBULANCE INC H48A 135 On-Demand INC. ADVANCE MATERIALS CORP ADBA 135 On-Demand HAWAII COUNTY FIRE DE- H5FA 135 On-Demand SPIRIT AVIATION INC ...... IS0A 135 On-Demand BULLOCK CHARTER INC ...... FUGA 135 On-Demand PARTMENT. SUN AERO INC ...... ZSUA 135 On-Demand MARYLAND: MAUNA KEA HELICOPTERS MUNA 135 On-Demand VALLEY AIR SERVICE ...... VL8A 135 On-Demand ODYSSEY TRANSPORT INC ... OTYA 135 On-Demand INC. VIKING EXPRESS INC ...... CHRA 135 On-Demand FREEDOM AIR INC ...... FEVA 135 On-Demand MOLOKAI LANAI AIR SHUTTLE OIKA 135 On-Demand WINDY CITY CHARTER INC ... ZRGA 135 On-Demand STREAMLINE AVIATION INC .. W28A 135 On-Demand INC. WSG INC ...... J9MA 135 On-Demand HELIVISION L L C ...... H8VA 135 On-Demand NIIHAU HELICOPTERS INC .... NUIA 135 On-Demand BYERLY AVIATION INC ...... BOEA 135 On-Demand MAINE: PACIFIC HELICOPTER TOURS DBZA 135 On-Demand COBB, FREDERICK L ...... BOOA 135 On-Demand BILLS FLYING SERVICES ...... PLOA 135 On-Demand INC. HEETCO JET CENTER INC ..... BOUA 135 On-Demand CALDEN, C HARVEY ...... H7VA 135 On-Demand PEARL PACIFIC ENTERPRISES YZPA 135 On-Demand JET AIR INC ...... JAFA 135 On-Demand COASTAL HELICOPTERS INC YBMA 135 On-Demand SAFARI AVIATION INC ...... XSFA 135 On-Demand TATES FLYING SERVICE INC JBNA 135 On-Demand COLEMANS FLYING AND CMGA 135 On-Demand SANDSTONE AERIAL SERVICE SZNA 135 On-Demand THE FLIGHTSTAR CORP ...... BONA 135 On-Demand GUIDE SERVICE. WILL SQUYRES HELICOPTER LBGA 135 On-Demand INDIANA: DEARBORN AVIATION INC ..... D5OA 135 On-Demand SERVICE. HIGH TECH APPLICATIONS I3RA 135 On-Demand INC ..... LHAA 135 On-Demand IOWA: INC. EASTERN AIRCRAFT AND BFWA 135 On-Demand ACCESSAIR INC ...... E6RA 121 Domestic/Flag ANDERSON AVIATION INC ..... AIEA 135 On-Demand SALES INC. CARVER AERO INC ...... XRRA 135 On-Demand BROWN FLYING SCHOOL INC DAVA 135 On-Demand FOLSOMS AIR SERVICE INC BGAA 135 On-Demand CHARTERSTAR INC ...... C2SA 135 On-Demand COOK AIRCRAFT LEASING YSIB 125 Air Operator JACKS AIR SERVICE INC ...... FSNA 135 On-Demand DENISON AVIATION INC ...... CSVA 135 On-Demand INC. LIBBY CAMPS ...... BPLA 135 On-Demand HAPS AIR SERVICE INC ...... CRJA 135 On-Demand INDIANAPOLIS AVIATION INC AIHA 135 On-Demand MAINE AVIATION CORP ...... FSEA 135 On-Demand HASSMAN, DALE ...... DHSA 135 On-Demand KEENAIRE INC ...... KKEA 135 On-Demand MAINE INSTRUMENT FLIGHT BFYA 135 On-Demand IOWA CITY FLYING SERVICE ICFA 135 On-Demand LAZY S FLYING SERVICE ...... KVEA 135 On-Demand MINSCHWANER, NEIL ...... XYEA 135 On-Demand INC. RHOADES AVIATION INC ...... JRAA 121 Supplemental NAPLES SEAPLANE SERVICE BN6A 135 On-Demand MONTICELLO AVIATION INC .. K02A 135 On-Demand TRI STATE AERO INC ...... AHTA 135 On-Demand INC. MOORE HELICOPTER SERV- JLEA 135 On-Demand AIR CHARTER EXPRESS INC X31A 135 On-Demand OPTIMAIR INC ...... O9PA 135 On-Demand ICES INC. BOWMAN AVIATION INC ...... BLVA 135 On-Demand PLAIN AIR FLYING SERVICE .. POVA 135 On-Demand NIEDERHAUSER AIRWAYS CSNA 135 On-Demand CARTER, CRAIG S ...... UKCA 135 On-Demand QUODDY AIR ...... QDZA 135 On-Demand INC. CONSOLIDATED CHARTER CBGA 135 On-Demand SKINNER, RICHARD S ...... FRQA 135 On-Demand P AND N CORP ...... PNOA 135 On-Demand SERVICE INC. SKYWAGON CORPORATION I5MA 135 On-Demand P S AIR INC ...... ZSEA 135 On-Demand CORPORATE AIR INC ...... M7GA 135 On-Demand INC. RITEL COPTER SERVICE INC RCSA 135 On-Demand EXECUTIVE AVIATION INC ..... E94A 135 On-Demand STRANG, JAMES W ...... NXYA 135 On-Demand SIOUX CENTER AVIATION LTD CQXA 135 On-Demand FORT WAYNE AIR SERVICE BLBA 135 On-Demand MICHIGAN: SPORT AVIATION INC ...... S5IA 135 On-Demand INC. A AND R AVIATION SERVICES R9RA 135 On-Demand TODDS FLYING SERVICE INC TDFA 135 On-Demand INTEGRATED AIRWAYS INC ... KWTA 135 On-Demand AIRCRAFT MANAGEMENT 14MA 135 On-Demand WHITFIELD, WAYNE E ...... CYUA 135 On-Demand K–AIR LEASING INC ...... OCGA 135 On-Demand SERVICES INC. IDAHO: SUMMIT CITY AIR CHARTER JHYA 135 On-Demand BROOKS AERO INC ...... EANA 135 On-Demand BRISTOL BAY SPORT FISHING YJBC 135 On-Demand INC. BUTTERWORTH AERO MED BTEA 135 On-Demand INC. TRAVEL MANAGEMENT COM- T17A 135 On-Demand INC. AVCENTER INC ...... GAYA 135 On-Demand PANY LTD. HOFFMAN FLYING SERVICE EBEA 135 On-Demand BOARD OF DIRECTORS OF BRMA 135 On-Demand KANSAS: INC. BANNOCK REGIONAL HUSTED AND HUSTED AIR IJTA 135 On-Demand KELLEY AIRCRAFT LEASING QKYA 135 On-Demand MEDICAL CEN. CHARTER INC. CO. S11926 CONGRESSIONAL RECORD — SENATE October 5, 1999 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

LOO, ROBERT H ...... ECDA 135 On-Demand RAS INC ...... EWPA 135 On-Demand SPARTA AVIATION INC ...... S3ZA 135 On-Demand SPARTA AVIATION SERVICE EAVA 135 On-Demand MONTANA: CHELSEA AIR SHUTTLE INC .. X27A 135 On-Demand INC. 3–D AVIATION INC ...... XTGA 135 On-Demand NEW MEXICO: SUPERIOR AVIATION INC ...... EATA 135 On-Demand ARMENT, CHARLES RANDALL OGZA 135 On-Demand ADAMS, BRUCE M ...... GNVA 135 On-Demand TRAVEL CONSULTANTS AVIA- T6FA 135 On-Demand BUTTE AVIATION INC ...... BTJA 135 On-Demand AEROWEST MANAGEMENT PBKA 135 On-Demand TION INC. CENTRAL COPTERS INC ...... JOLA 135 On-Demand SERVICES INC. WEST MICHIGAN AIR CARE ZYWA 135 On-Demand CHARLES TROWER AVIATION HTHA 135 On-Demand AIR/AMERICA INC ...... A2WA 135 On-Demand INC. INC. B AND M ENTERPRISES INC GNXA 135 On-Demand ASTRO STAR AVIATION INC .. JOPA 135 On-Demand C0LDWELL, JERRY ...... HSZA 135 On-Demand EAGLE FLYING SERVICE INC XZZA 135 On-Demand HELICOPTERS PLUS L L C .... HZ9A 135 On-Demand COLTON, STANLEY G ...... NBOA 135 On-Demand EDELWEISS HOLDINGS INC ... E5HA 135 commuters RILEY AVIATION INC ...... BLIA 135 On-Demand CONQUEST AVIATION L L C .. L2VA 135 On-Demand EDS FLYING SERVICE INC .... GRXA 135 On-Demand AEROGENESIS AVIATION INC XG9A 135 On-Demand DILLON FLYING SERVICE INC EFSA 135 On-Demand FLYING Z AVIATION INC ...... XFZA 135 On-Demand AIR GO PACK ...... P1KA 135 On-Demand ELGEN, DENNIS P ...... ELGA 135 On-Demand FOUR CORNERS AVIATION GONA 135 On-Demand BIJAN AIR INC ...... BJUA 135 On-Demand FRANCES MAHON DEA- FMMA 135 On-Demand INC. CORPORATE AIR MANAGE- CMHA 135 On-Demand CONESS HOSPITAL. GALLUP FLYING SERVICES GNMA 135 On-Demand MENT INC. GALLATIN FLYING SERVICE JHTA 135 On-Demand INC. DETROIT RED WINGS ...... DWMM 125 Air Operator INC. KEMP AVIATION INC ...... K3IA 135 On-Demand EAGLE AVIATION INC ...... EGUA 135 On-Demand GLIKO AVIATION INC ...... CXOA 135 On-Demand MANSELL AVIATION INC ...... M9AA 135 On-Demand ERIM INTERNATIONAL INC .... ERIM 125 Air Operator HOEM, LAURENCE R ...... LBPA 135 On-Demand MC CAUSLAND AVIATION INC GRUA 135 On-Demand EVANS AIR CORPORATION .... EQHA 135 On-Demand HOLMAN ENTERPRISES ...... CXSA 135 On-Demand MOUNTAIN AVIATION ENTER- XMNA 135 On-Demand FLIGHT ONE INC ...... BTCA 135 On-Demand HOMESTEAD HELICOPTERS H1OA 135 On-Demand PRISES LTD. FLINT AVIATION SERVICES BSRA 135 On-Demand INC. NORD AVIATION INC ...... NRDA 135 On-Demand INC. KINDEN, KEITH A ...... HTEA 135 On-Demand ROSS AVIATION INC ...... ROSA 121 Supplemental H B AVIATION AND LEASING H8BA 135 On-Demand LAIRD, ERLEND D ...... DCZA 135 On-Demand SEVEN BAR FLYING SERVICE GNLA 135 On-Demand INC. LEADING EDGE AVIATION LXGA 135 On-Demand INC. KITTY HAWK CHARTER INC ... KKFA 135 On-Demand SERVICES INC. SILVERWINGS AIR AMBU- X93A 135 On-Demand MCCARDELL PROPERTIES M75A 135 On-Demand LONAIRE FLYING SERVICE L15A 135 On-Demand LANCE LTD COMPANY. INC. INC. SOUTH AERO INC ...... GNBA 135 On-Demand MCMAHON HELICOPTER BUBA 135 On-Demand LYNCH FLYING SERVICE INC HSRA 135 On-Demand MC RAE AVIATION SERVICES IFOA 135 On-Demand SERVICES INC. MINUTEMAN AVIATION INC ... MINA 135 On-Demand INC. MORTON HELICOPTERS ...... M37A 135 On-Demand MONTANA FLYING MACHINES M26A 135 On-Demand NEVADA: PONTIAC FLIGHT SERVICE PONA 135 On-Demand L L C. ALPINE LAKE AVIATION INC .. A4LA 135 On-Demand INC. MUSTANG AVIATION INC ...... M06A 135 On-Demand AMERICAN MEDFLIGHT INC .. XPCA 135 On-Demand ROUNDBALL ONE ...... REOB 125 Air Operator NEWTON, DONALD H ...... NAVA 135 On-Demand FALLON AIRMOTIVE ...... XFLA 135 On-Demand INC ...... BUHA 135 On-Demand PRAIRIE AVIATION INC ...... VPEA 135 On-Demand HEAVERNE, CLIFFORD J ...... ARUA 135 On-Demand SUBURBAN AVIATION INC ..... S41A 135 On-Demand RED EAGLE AVIATION INC .... IKLA 135 On-Demand HUTT AVIATION INC ...... HZNA 135 On-Demand SYSTEC 2000 INC ...... S6YA 135 On-Demand SUNBIRD AVIATION INC ...... CXNA 135 On-Demand KAJANS, FRED A ...... GJGA 135 On-Demand THOR PROPERTIES INC ...... T6PA 135 On-Demand WOLFF AVIATION ...... QWFA 135 On-Demand NEVADA-CAL AERO INC ...... VLJA 135 On-Demand TRI-STAR EXPRESS INC ...... T5RA 135 On-Demand NORTH CAROLINA: PREMIER AVIATION INC ...... MCIA 135 On-Demand MINNESOTA: AIR HOLDINGS INC ...... TL6A 135 On-Demand REMLINGER, JON RICHARD .. T7DA 135 On-Demand A B FLIGHT SERVICES INC ... A2BA 135 On-Demand DAIRY AIR INC ...... FFPA 135 On-Demand RENO FLYING SERVICE INC .. IPMA 135 On-Demand ADVENTURE BOUND SEA- X1BA 135 On-Demand EAST AIR INC ...... ET6A 135 On-Demand SILVER SKY AVIATION INC .... SS9A 135 On-Demand PLANES INC. INC ...... E9WA 121 Domestic/Flag SKYDANCE OPERATIONS INC NCNA 135 On-Demand AIR CARE EXECUTIVE CHAR- X15A 135 On-Demand GREENWOOD HELICOPTERS GHYA 135 On-Demand TEM ENTERPRISES INC ...... BJNA 121 Domestic/Flag TER AND SECURITY INC. INC. AEROTECH SPECIALISTS INC O9RA 135 On-Demand AIR D INC ...... AA6A 135 On-Demand ISO AERO SERVICE INC ...... ISOA 135 On-Demand AIR BAJA CALIFORNIA INC .... ODUA 135 On-Demand ANOKA FLIGHT TRAINING INC VL6A 135 On-Demand KINGSLAND AIR INC ...... K42A 135 On-Demand AVIATION VENTURES INC ...... XV6A 135 On-Demand AVIATION CHARTER INC ...... ABOA 135 On-Demand MC CORMACK, JAMES G ...... FPCA 135 On-Demand DESERT SOUTHWEST AIR- JBFA 135 On-Demand B A G S INC ...... YNNA 135 On-Demand NORTH STATE AIR SERVICE NSTA 135 On-Demand LINES. BAUDETTE FLYING SERVICE BTFA 135 On-Demand INC. ELAN EXPRESS INC ...... E4EB 125 Air Operator INC. ORION AVIATION L L C ...... O5RA 135 On-Demand HELI USA AIRWAYS INC ...... S9HA 135 On-Demand BRAINERD HELICOPTER BRNA 135 On-Demand SEAFLIGHT L L C ...... S08A 135 On-Demand IMPERIAL PALACE AIR LTD ... IPEM 125 Air Operator SERVICE INC. SEQUIN ENTERPRISES INC ... O5NA 135 On-Demand KING AIRELINES INC ...... KNFA 135 On-Demand ELMO AIR CENTER INC ...... CPGA 135 On-Demand SOUTHEAST AIR CHARTER ZQUA 135 On-Demand LAKE MEAD AIR INC ...... DOQA 135 On-Demand GENERAL AVIATION SERV- GVKA 135 On-Demand INC. INC ...... N8TA 121 Domestic/Flag ICES INC. TRADEWINDS AIRLINES INC .. WRNA 121 Supplemental ROSS, THOMAS C ...... TCRA 135 On-Demand GUNDERSON, GREGORY KWJA 135 On-Demand TRIANGLE AIR SERVICE LLC T15A 135 On-Demand SEVEN DELTA ROMEO ...... N9DA 135 On-Demand RAHN. ASHEVILLE AIR CHARTER INC X26A 135 On-Demand SUNDANCE HELICOPTERS KBMA 135 On-Demand HELICOPTER FLIGHT INC ...... BJDA 135 On-Demand CAROLINAS HISTORIC AVIA- I8CM 125 Air Operator INC. HORIZON AVIATION INC ...... H3ZA 135 On-Demand TION COMMISSION. NEW YORK: JW AVIATION ...... JVWA 135 On-Demand CORPORATE AIR FLEET INC SX0A 135 On-Demand ADIRONDACK AIR INC ...... AI6A 135 On-Demand DIV OF SOWA 135 On-Demand PIEDMONT AIR TRANSPORT P2DB 125 Air Operator ADIRONDACK HELICOPTERS XH5A 135 On-Demand SOUTHWEST A. INC. INC. NAVAIR INC ...... N6VA 135 On-Demand PROFILE AVIATION CENTER LL0A 135 On-Demand AMERICAN COMMERCIAL EX- EUXA 135 On-Demand SCOTTS HELICOPTER SERV- CUHA 135 On-Demand INC. PRESS INC. ICE INC. SABER CARGO AIRLINES INC SBRA 135 On-Demand BIRDS SEAPLANE SERVICE BRBA 135 On-Demand SUN AMERICA LEASING YOLA 135 On-Demand SPITFIRE AVIATION INC ...... S1FA 135 On-Demand INC. CORP. U S AVIATION L L C ...... D4KA 135 On-Demand G K W LEASING CORP ...... WNXA 135 On-Demand TACONITE AVIATION INC ...... BCRA 135 On-Demand US HELICOPTERS INC ...... USXA 135 On-Demand HELICORP INC ...... T4JA 135 On-Demand THUNDERBIRD AVIATION INC TBDA 135 On-Demand NORTH DAKOTA: LAKE PLACID AIRWAYS INC .. BPYA 135 On-Demand MISSOURI: CAPITAL AVIATION CORPORA- CTQA 135 On-Demand PANDA AIR LTD ...... PD9A 135 On-Demand A–1 AIR CARRIERS INC ...... JKNA 135 On-Demand TION. TEAM AIR INC ...... QTZA 135 On-Demand AEROFLITE INC ...... X76A 135 On-Demand EXECUTIVE AIR TAXI CORP .. CTYA 135 On-Demand AVIATION RESOURCES INC ... KR7A 135 On-Demand BROOKS INTERNATIONAL B42A 135 On-Demand FOSS AND MEIER INC ...... CTIA 135 On-Demand EAST COAST AVIATION SERV- ECAA 135 On-Demand AVIATION. GFK FLIGHT SUPPORT INC .... G7FA 135 On-Demand ICES LTD. C A LEASING INC ...... C18A 135 On-Demand WAKEFIELD FLIGHT SERVICE CTWA 135 On-Demand M AND J AERONAUTICS 3WF M04A 135 On-Demand EXECUTIVE BEECHCRAFT STL DEBA 135 On-Demand INC. INC. INC. NEBRASKA: NORTHEASTERN AVIATION AOYA 135 On-Demand MC CORMICK AVIATION INC .. M81A 135 On-Demand ENGLES AIRCRAFT INC ...... JGXA 135 On-Demand CORP. METROPOLITAN HELI- DFQA 135 On-Demand NEW HAMPSHIRE: T D AVIATION INC ...... TD9A 135 On-Demand COPTERS INC. AGILE AIR SERVICE INC ...... A5GA 135 On-Demand VENTURA AIR SERVICES INC APMA 135 On-Demand MID-AMERICA AVIATION INC MDDA 135 On-Demand AIR DIRECT AIRWAYS ...... DIPA 135 On-Demand WALL STREET HELICOPTERS APTA 135 On-Demand MULTI–AERO INC ...... MUIA 135 On-Demand ALLIED AIR FREIGHT INC ...... F6GA 135 On-Demand BAIR HELICOPTERS L L C .... B9NA 135 On-Demand OZARK AIR CHARTER INC .... OZ8A 135 On-Demand JET AIRWAYS INC ...... JKXA 135 On-Demand CORNING INCORPORATED .... IH1M 135 On-Demand PROVIDENCE AIRLINE CORP PTLA 121 Domestic/Flag LAKES REGION AVIATION INC L9RA 135 On-Demand COSTA, JOSEPH ...... BJGA 135 On-Demand SCOTT, MARVIN L ...... MVNA 135 On-Demand OIA AIR CORP ...... OIBA 135 On-Demand ELMIRA-CORNING AIR SERV- EL6A 135 On-Demand ST LOUIS HELICOPTER AIR- DFMA 135 On-Demand RIGHTWAY AVIATION INC ...... XWRA 135 On-Demand ICE INC. WAYS INC. SILVER RANCH AIRPARK INC FTDA 135 On-Demand GREAT CIRCLE AVIATION INC G4CA 135 On-Demand SUM AIR SERVICES INC ...... SXUA 135 On-Demand NEW JERSEY: GREAT NORTHERN CHARTER YNYA 135 On-Demand THUNDER AIR CHARTER INC T0DA 135 On-Demand ANALAR CO ...... CZIA 135 On-Demand INC. TRANS MO AIRLINES INC ..... XUIA 135 Commuters SOMERSET AIR SERVICE INC CECA 135 On-Demand MK AVMART INC ...... MK6A 135 On-Demand WEHRMAN, HOWARD Q ...... DEKA 135 On-Demand TAFT AIR INC ...... TFRA 135 On-Demand ROCHESTER AVIATION INC ... OROA 135 On-Demand AIR ONE INC ...... ONNA 135 On-Demand BERLIN AIRLIFT HISTORICAL BF0M 125 Air Operator TAYLOR AVIATION INC ...... T5YA 135 On-Demand CROUGH AG AVIATION ...... CRHA 135 On-Demand FOUNDATION. WELLSVILLE FLYING SERVICE BJEA 135 On-Demand D AND D AVIATION INC ...... DOZA 135 On-Demand EQUIPMNENT SUPPLY CO EQ6A 135 On-Demand INC. DE JARNETTE, RONALD W SR DJMA 135 On-Demand INC. NEW ENGLAND HELICOPTER UITA 135 On-Demand EXECUTIVE BEECHCRAFT INC AKGA 135 On-Demand GPI AVIATION INC ...... DINA 135 On-Demand INC. PRO FLIGHT AIR INC ...... JDZA 135 On-Demand HOBAN HELICOPTERS INC .... H4FA 135 On-Demand TOTAL FLIGHT MANAGEMENT TFMA 135 On-Demand SAVE A CONNIE INC ...... S80M 125 Air Operator O’BRIEN AVIATION INC ...... DIZA 135 On-Demand INC. TABLE ROCK HELICOPTERS TQBA 135 On-Demand PEN TURBO INC ...... NW6M 125 Air Operator LEBANON AIRPORT DEVEL- IGZA 135 On-Demand INC. ROYAL AIR INC ...... RA0A 135 On-Demand OPMENT CORP. TIG–AIR AVIATION INC ...... AKFA 135 On-Demand SKYWAYS EXPRESS INC ...... S9XA 135 On-Demand OHIO: MISSISSIPPI: KIWI INTERNATIONAL HOLD- K3HA 121 Domestic/Flag SEYON AVIATION INC ...... HRZA 135 On-Demand APOLLO AVIATION CO INC .... QAIA 135 On-Demand INGS INC. CORPORATE WINGS SERV- DJFA 135 On-Demand HIGHER EDUCATION INC ...... F95A 135 On-Demand LIBERTY HELICOPTERS INC .. MHIA 135 On-Demand ICES CORPORATION. JACKSON AIR CHARTER INC JC9A 135 On-Demand SCHIAVONE CONSTRUCTION BKRA 135 On-Demand ALL STAR HELICOPTERS INC MG7A 135 On-Demand MERCURY AVIATION INC ...... MSQA 135 On-Demand CO. BROOKVILLE AIR PARK INC .. CVXA 135 On-Demand October 5, 1999 CONGRESSIONAL RECORD — SENATE S11927 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- tinued tinued tinued [As of October 4, 1999] [As of October 4, 1999] [As of October 4, 1999]

State and company name Designator Aggregate State and company name Designator Aggregate State and company name Designator Aggregate

CIN–AIR LP ...... CYWA 135 On-Demand INNOVATIVE AIR HELICOPTER I3HA 135 On-Demand BATTLES, RICHARD ...... ZEGA 135 On-Demand D AND K AVIATION INC ...... D05A 135 On-Demand INC. EASTERLING, ELLIS R III AND EEMA 135 On-Demand SERVICE ...... D5AA 135 On-Demand LEADING EDGE AVIATION INC LE7A 135 On-Demand MELODI J. JET AIR INC ...... CWUA 135 On-Demand LR SERVICES INC ...... CERA 135 On-Demand GILDING, BERNARD ...... FLDA 135 On-Demand NORTHERN AIRMOTIVE CORP NAQA 135 On-Demand MARC FRUCHTER AVIATION CDKA 135 On-Demand MIDSOUTH AVIATION ALLI- M4DA 135 On-Demand SUNBIRD AIR SERVICES INC CWTA 135 On-Demand INC. ANCE CORP. AEROHIO AVIATION COR- O5HA 135 On-Demand TECH AVIATION SERVICE INC TVMA 135 On-Demand RICHARDS AVIATION INC ...... FLHA 135 On-Demand PORATION. BRANDYWINE HELICOPTERS YWIA 135 On-Demand SOUTHERN FLYING SERVICE YZLA 135 On-Demand AIR CAMIS INC ...... CMRA 135 On-Demand DECK, CLYDE E ...... AHBA 135 On-Demand SWOR AVIATION ...... SVKA 135 On-Demand AIR Z FLYING SERVICE INC .. ZFDA 135 On-Demand JOHNSTON, CRAIG J ...... JZQA 135 On-Demand MONARCH AIRCRAFT INC ..... M3AM 125 Air Operator AIRWOLF HELICOPTERS INC A4WA 135 On-Demand MILLS BROTHERS AVIATION M2BA 135 On-Demand : AVIATION PROFESSIONALS P65A 135 On-Demand OAK RIDGE AVIATION ...... HVGA 135 On-Demand GE CAPITAL AVIATION SERV- G8EM 125 Air Operator INC. THOROUGHBRED AVIATION TH8A 135 On-Demand ICES INC. INC ...... CSJA 135 On-Demand LTD. JULIES AIRCRAFT SERVICE JULA 135 On-Demand CORPORATE WINGS INC ...... DSEA 135 On-Demand HELICOPTER SERVICES INC HRVA 135 On-Demand INC. KEMPTHORN INC ...... K2MA 135 On-Demand KEYSTONE HELICOPTER EGRA 135 On-Demand AEROVATION INC ...... QIAA 135 On-Demand PEREGRINE AVIATION INC .... PGNA 135 On-Demand CORP. BIG SKY AIR INC ...... 1YBM 125 Air Operator PILOT MANAGEMENT INCOR- GKHA 135 On-Demand NORTHEAST AIRCRAFT NYIA 135 On-Demand C AND S AVIATION LTD ...... C4SA 135 On-Demand PORATED. CHARTER INC. CHAMPIONSHIP AIRWAYS ..... MV9B 125 Air Operator WHITE AIR INC ...... DTCA 135 On-Demand STERLING CORP ...... JQVA 135 On-Demand CHERRY-AIR INC ...... CEDA 135 On-Demand WINNER AVIATION CORPORA- W3NA 135 On-Demand UNIVERSITY FLIGHT SERV- U44A 135 On-Demand DYNAMIC VENTURES INC ..... DYMA 135 On-Demand TION. ICES. EXECUTIVE AIRE EXPRESS E18A 135 On-Demand CVG AVIATION INC ...... CVGA 135 On-Demand PUERTO RICO: INC. OKLAHOMA: AIR BORINQUEN INC ...... B26A 135 On-Demand COM- E4LA 135 On-Demand AIR FLITE INC ...... IEEA 135 On-Demand AIR CALYPSO INC ...... Y3CA 135 On-Demand PANY INC. CENTRAL ZJWA 135 On-Demand AIR CARGO NOW ...... C3QA 135 On-Demand FORENSIC SERVICES INC ..... IDWA 135 On-Demand INC. INC ...... OAWA 135 On-Demand G T A INVESTMENTS INC ...... XGNA 135 On-Demand CORPORATE AVIATION SERV- HGTA 135 On-Demand AIR CHARTER INC ...... UOIA 135 On-Demand HALL AIRWAYS INC ...... H05A 135 On-Demand ICES INC. AIR CULEBRA INC ...... I1CA 135 On-Demand J O H AIR INC ...... KVDA 135 On-Demand CORPORATE HELICOPTERS ... CXEA 135 On-Demand AIR EXECUTIVE INC ...... E82A 135 On-Demand EAST INC ...... MAQA 135 On-Demand D AND D AVIATION INC ...... DQUA 135 On-Demand AIR MANGO LTD ...... A1NA 135 On-Demand MARTINAIRE INC ...... MT9A 135 On-Demand DOWNTOWN AIRPARK INC .... VR1A 135 On-Demand INC ...... RSHA 135 Commuters NORTHERN AIR INC ...... N6TM 125 Air Operator ECKLES AIRCRAFT CO ...... E8AA 135 On-Demand AMY AIR ...... I5RA 135 On-Demand OMNIFLIGHT HELICOPTERS RMXA 135 On-Demand FALCON AIR CHARTERS LLC F1CA 135 On-Demand BENITEZ, PEDRO FELICIANO HREA 135 On-Demand INC. H L K ENTERPRISES INC ...... H7KA 135 On-Demand CARIBBEAN HELICORP ...... C26A 135 On-Demand STANLEY, JACKY GLEN ...... QJGA 135 On-Demand INTERNATIONAL BUSINESS HMNA 135 On-Demand CITY WINGS INC ...... W5NA 135 On-Demand TXI AVIATION INC ...... GQRA 135 On-Demand AIRCRAFT INC. COPTERS CORP ...... IJKA 135 On-Demand EXPRESS ONE INTER- EISA 121 Supplemental JOHNSON, J P ...... HFXA 135 On-Demand CORPORATE AIR CHARTER QOAA 135 On-Demand NATIONAL INC. LITCHFIELD FLYING LTD ...... LFQA 135 On-Demand INC. INC ...... L1GA 121 Domestic/Flag T S P INC ...... VXIA 135 On-Demand DIAZ AVIATION CORP ...... FITA 135 On-Demand ACUNA, EDWARD SR ...... GWLA 135 On-Demand TULSAIR BEECHCRAFT INC ... HMGA 135 On-Demand DODITA AIR CARGO INC ...... WNRB 125 Air Operator JET CHARTER VKMA 135 On-Demand OREGON: FAJARDO AIR EXPRESS INC .. C7JA 135 On-Demand INC. ADVANCED AVIATION SYS- GDAA 135 On-Demand FC AIR INC ...... XFIA 135 On-Demand AIR CHARTERS INC ...... YWGA 135 On-Demand TEMS CORP. ICARUS CARIBBEAN CORP ... IISA 135 On-Demand AIR ROUTING INTERNATIONAL VRIA 135 On-Demand AERIAL PHOTOGRAPHY AND P35A 135 On-Demand ISLA GRANDE FLYING FHSA 135 On-Demand CORP. SURVEILLANCE CO INC. SCHOOL AND SERVI. ARAMCO ASSOCIATED CO .... ASCB 125 Air Operator ISLA NENA AIR SERVICE INC IN9A 135 On-Demand AIR CHARTERS OF OREGON LNFA 135 On-Demand M AND N AVIATION ...... XXDA 135 On-Demand BASEOPS INTERNATIONAL UBIA 135 On-Demand AVIA FLIGHT SERVICES INC .. GPQA 135 On-Demand MBD CORP ...... FIUA 135 On-Demand INC. BERTEA AVIATION INC ...... GMDA 135 On-Demand PEREZ, LUIS A ...... A6PA 135 On-Demand EVERGREEN HELICOPTERS EGIA 135 On-Demand BUSWELL AVIATION INC ...... KCZA 135 On-Demand PRO-AIR INC ...... POEA 135 On-Demand INTERNATIONAL INC. C AND C AVIATION INC ...... MGLA 135 On-Demand PRO-AIR SERVICES ...... FHFA 135 On-Demand EXECUTIVE AIR CHARTER ..... E1XA 135 On-Demand DESERT AIR NORTH WEST .... R7WA 135 On-Demand PUERTO RICO AIRWAYS ...... P8YA 121 Domestic/Flag HUTCH AVIATION CENTER XYGA 135 On-Demand E–3 HELICOPTERS INC ...... D2EA 135 On-Demand ROBLEX AVIATION COMPANY R8XA 135 On-Demand INC. EMANUEL HOSPITAL ...... LOVA 135 On-Demand SAN JUAN JET CHARTER INC XJUA 135 On-Demand JMC AVIATION INC ...... J3CA 135 On-Demand ERICKSON, JACK ...... J8KM 135 On-Demand INC ...... VLIA 135 Commuters P K CHARTER INC ...... PKCA 135 On-Demand GOLDEN EAGLE HELI- GDCA 135 On-Demand RHODE ISLAND: PROJECT ORBIS INC ...... POIM 125 Air Operator COPTERS INC. AQUIDNECK AVIATION INC .... UU7A 135 On-Demand SALAIKA, TIMOTHY ALBERT .. GWHA 135 On-Demand GRAYBACK AVIATION INC ..... YGBA 135 On-Demand RLV INDUSTRIES INC ...... R5VA 135 On-Demand TEM-KIL COMPANY INC ...... TK8A 135 On-Demand H AND H AVIATION INC ...... OHGA 135 On-Demand SOUTH CAROLINA: THUNDERBIRD AIRWAYS INC T4BA 135 On-Demand HAGGLUND, CARL D ...... GLGA 135 On-Demand ACE AVIATION ...... A8CA 135 On-Demand WESTERN AIRWAYS ...... WAIA 135 On-Demand HELI–JET CORP ...... GDMA 135 On-Demand AIRSTREAM AVIATION INC .... HX0A 135 On-Demand CONFEDERATE AIR FORCE ... CAFM 125 Air Operator HENDERSON AVIATION CO .... GCMA 135 On-Demand ANDERSON AVIATION INC ..... FEAA 135 On-Demand JETMAN L C ...... JM0A 135 On-Demand HERMISTON AVIATION INC .... JAXA 135 On-Demand ARDALL INC ...... FEJA 135 On-Demand WESTERN AIR EXPRESS INC WX5A 135 On-Demand HILLSBORO AVIATION INC .... LJEA 135 On-Demand CAROLINA AIR SERVICES INC C7AA 135 On-Demand HALLIBURTON CO ...... LXNM 125 Air Operator HOOD RIVER AIRCRAFT INC GEUA 135 On-Demand CRACKER BOX CORPORA- X8BA 135 On-Demand ADVANTAGE AIR CHARTER YDVA 135 On-Demand HORIZONS UNLIMITED AIR HXUA 135 On-Demand TION. INC. INC. EAGLE AVIATION INC ...... FEHA 135 On-Demand HELICOPTER EXPERTS INC ... H2EA 135 On-Demand J C SQUARED INC ...... QJUA 135 On-Demand SINTRAIR INC ...... I5SA 135 On-Demand JARRALL GABRIEL AIRCRAFT HKJA 135 On-Demand KEENAN, JOSEPH E AND WPIA 135 On-Demand SPECIAL SERVICES COR- Z3SA 135 On-Demand CHARTER COMPANY INC. LORI L. PORATION. MCCREERY AVIATION CO INC HLFA 135 On-Demand KENDALL, STANLEY F ...... S39A 135 On-Demand STEVENS AVIATION INC ...... VIBA 135 On-Demand SAN ANTONIO PIPER INC ...... MMPA 135 On-Demand NINE FOUR TWO THREE TRDA 135 On-Demand SYSTEMS SOFT INC ...... C2BA 135 On-Demand SIERRA INDUSTRIES— UVFA 135 On-Demand CHARLIE INC. TYLER AVIATION INC ...... FEFA 135 On-Demand UVALDE FLIGHT CENTER. OMNI INC ...... OMNA 135 On-Demand WHITES AVIATION INC ...... FERA 135 On-Demand TEXAS AMERICAN AIRCRAFT T3XA 135 On-Demand PACIFIC FLIGHTS INC ...... GCZA 135 On-Demand SOUTH DAKOTA: SALES INC. PACIFIC GAMBLE ROBINSON GLWA 135 On-Demand JOHNSON FLYING SERVICES EKWA 135 On-Demand ZESCH AIR CHARTER INC .... Z7CA 135 On-Demand CO. TENNESSEE: ARLINGTON JET CHARTER IJLA 135 On-Demand PARAMOUNT AVIATION INC ... PMTA 135 On-Demand AVERITT AIR CHARTER INC .. N9VA 135 On-Demand COMPANY INC. PREMIER JETS INC ...... CMWA 135 On-Demand C AND G AIRCRAFT SALES FKDA 135 On-Demand DAVID NICKLAS ORGAN DO6M 125 Air Operator RAINBOW HELICOPTERS INC QRNA 135 On-Demand INC. DONOR AWARENESS REESE BROTHERS OF OR- PRBA 135 On-Demand CHOO CHOO AVIATION L L C Q75A 135 On-Demand FOUNDATION INC. EGON INC. COLEMILL ENTERPRISES INC DVIA 135 On-Demand EAGLE AIR ENTERPRISES INC ELEA 135 On-Demand RELIANT AVIATION INC ...... RELA 135 On-Demand CORPORATE AIR FLEET INC VUCA 135 On-Demand HOLDINGS INC ...... H39A 135 On-Demand SNOWY BUTTE HELICOPTERS S83A 135 On-Demand DERRYBERRY, WILLIS CLAY FJGA 135 On-Demand MONTEX DRILLING CO ...... MDCM 125 Air Operator INC. DICKSON AIR CENTER L L C D8KA 135 On-Demand NORTH CENTRAL TEXAS NXTA 135 On-Demand SOUTH COAST AVIATION INC S5OA 135 On-Demand EDWARDS AND ASSOCIATES FKFA 135 On-Demand SERVICES INC. SUNSET SCENIC FLIGHTS INC ZUNA 135 On-Demand INC. REL AVIATION MARINE ...... R6LA 135 Commuters TERRA HELICOPTERS INC ..... GKSA 135 On-Demand EXECUTIVE AIRCRAFT SERV- XEOA 135 On-Demand TEXAS AERO INC ...... GRMA 135 On-Demand THE FLIGHT SHOP INC ...... THGA 135 On-Demand ICES INC. TEXAS AIR CHARTERS INC ... GO7A 135 On-Demand TROUTDALE AVIATION INC .... TR6A 135 On-Demand FORWARD AIR INTER- L17A 135 On-Demand UTAH: WILDERNESS AIR CHARTERS WL9A 135 On-Demand NATIONAL AIRLINES INC. AERO-COPTERS OF ARIZONA DQBA 135 On-Demand INC. FOSTER AIRCRAFT INC ...... F6RA 135 On-Demand INC. BAKER AIRCRAFT INC ...... GLQA 135 On-Demand GLOBAL AIR SERVICES INC .. G8SA 135 On-Demand AIRCRAFT SPECIALITIES DQQA 135 On-Demand CIRRUS AIR L L C ...... C58A 135 On-Demand GRAHAM, HAROLD ...... G3HA 135 On-Demand COMPANY. EAGLE CAP AVIATION INC .... YYEA 135 On-Demand HELICOPTER CORPORATION NZCA 135 On-Demand DESERT AIR TRANSPORT INC D7TA 135 On-Demand NCA: OF AMERICA. DINALAND AVIATION INC ...... DYSA 135 On-Demand AERO EXECUTIVE SERVICES XE8A 135 On-Demand MAYES, NORMAN C ...... DVQA 135 On-Demand GREAT WESTERN AVIATION DPOA 135 On-Demand INC. PROFESSIONAL AIR CHARTER OYPA 135 On-Demand INC. DAVISAIR INC ...... DV7A 135 On-Demand INC. HELOWOOD HELICOPTERS DYWA 135 On-Demand DELLARIA AVIATION INC ...... VJTA 135 On-Demand SILVER AVIATION INC ...... GJSA 135 On-Demand INC. EASTERN MEDI-VAC INC ...... VAJA 135 On-Demand SPRAY, CARL ...... FJXA 135 On-Demand KOLOB CANYONS AIR SERV- K51A 135 On-Demand LAUREL AVIATION INC ...... L6VA 135 On-Demand WINGS OF EAGLES AIR WE8A 135 On-Demand ICES L L C. PENN AIR INC ...... BCBA 135 On-Demand SERVICE INC. MIDWAY AVIATION INC ...... MZQA 135 On-Demand PRIMEAIR INC ...... P67A 135 On-Demand XPRESS AIR INC ...... XIGA 135 On-Demand RICHARDS, BEN JAMES ...... DQMA 135 On-Demand PRO FLIGHT CENTER INC ..... P6GA 135 On-Demand AIR NORTH LTD ...... A9NA 135 On-Demand RIVERS AVIATION INC ...... DD7A 135 On-Demand SCAIFE FLIGHT OPERATIONS RJBM 125 Air Operator AMERICAN HEALTH AVIATION A8HA 135 On-Demand SCENIC AVIATION INC ...... DYVA 135 On-Demand GRANITE SALES INC ...... KT7A 135 On-Demand INC. SLICKROCK AIR GUIDES INC S2GA 135 On-Demand S11928 CONGRESSIONAL RECORD — SENATE October 5, 1999 FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- FAA FLIGHT STANDARDS SERVICE—YEAR 2000 READI- don’t comply, you don’t fly. The FAA NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- NESS QUESTIONNAIRE NON-RESPONDENTS LIST—Con- will have the authority to keep you tinued tinued grounded. [As of October 4, 1999] [As of October 4, 1999] Air carriers do business not by right, but by privilege. Most fulfill their re- State and company name Designator Aggregate State and company name Designator Aggregate sponsibilities with distinction, offering TRANS SERVICES TV0A 135 On-Demand KENNEWICK AIRCRAFT SERV- K3WA 135 On-Demand services unmatched by any country on INC. ICES INC. W ENTERPRISE HELICOPTERS W9EA 135 On-Demand LAKE CHELAN AIR SERVICE LCCA 135 On-Demand the face of this Earth. VIRGINIA: INC. Since the Y2K noncompliance of air LINE POWER MANUFAC- FJDA 135 On-Demand MIDSTATE AVIATION INC ...... GGUA 135 On-Demand TURING CORP. NOLAND-DECOTO FLYING GGNA 135 On-Demand carriers may raise safety issues, Con- AEROMANAGEMENT FLIGHT X58A 135 On-Demand SERVICE INC. gress must ensure that the privilege of SERVICES INC. OKANOGAN AIR SERVICE INC GGDA 135 On-Demand BLUE RIDGE AERO SERVICE B8OM 125 Air Operator POPE, JAMES R ...... GGVA 135 On-Demand possessing a certificate can be with- AIR GERONIMO CHARTER C8PA 135 On-Demand RMA INC ...... VVRA 135 On-Demand drawn from carriers and manufacturers INC. SKYRUNNERS CORP ...... SKQA 135 On-Demand CHESAPEAKE AVIATION INC .. CRGA 135 On-Demand THOMAS, CHARLES R ...... GFXA 135 On-Demand that fail to give their regulator, the COMFORT AVIATION SERV- H54A 135 On-Demand PACIFIC NORTHWEST HELI- PNGA 135 On-Demand FAA, the information that is central to ICES INC. COPTERS INC. COMMONWEALTH AVIATION VXWA 135 On-Demand NOBLE AIR INC ...... NB9A 135 On-Demand the safety of the flying public. This SERVICE INC. WISCONSIN: amendment does just that. We hope it EXECUTIVE AIR INC ...... BHVA 135 On-Demand INC ... DATA 135 On-Demand INTERNATIONAL JET CHAR- IJ9M 125 Air Operator AIR CHARTER LTD ...... A3CA 135 On-Demand spurs these carriers and manufacturers TER INC. AIR RESOURCE INC ...... UROA 135 On-Demand to respond to the survey before Novem- INTERNATIONAL JET CHAR- UIJA 135 On-Demand GAIL FORCE CORPORATION .. QGKA 135 On-Demand TER INC. GROSS, KURT R ...... W9SA 135 On-Demand ber 1, and we know it will reassure the SAKER, WILLIAM G ...... JPCA 135 On-Demand KENDALL, TERRY A ...... K3FA 135 On-Demand public about the safety of the aviation SOUTHERN VIRGINIA AVIA- S2VA 135 On-Demand MAGNUS AVIATION INC ...... AYQA 135 On-Demand TION INC. MAXAIR INC ...... MAXA 135 On-Demand system as we enter this new millen- UNITED AIR SERVICES CO .... UNAA 135 On-Demand MILWAUKEE GENERAL AVIA- OWWA 135 On-Demand nium, just 87 days away. VALLEY AIR INC ...... VA7A 135 On-Demand TION INC. AIR AMERICAN SUPPORT INC B38M 125 Air Operator ROESSEL AVIATION INC ...... QROA 135 On-Demand I urge the adoption of the amend- DORNIER AVIATION NORTH D9AM 125 Air Operator SELECT LEASING INC ...... J13M 125 Air Operator ment and yield the floor. AMERICA INC. SKYTRANS AVIATION INC ...... S02A 135 On-Demand MERCY MEDICAL AIRLIFT ..... MYHA 135 On-Demand STATE OF WISCONSIN DE- ZWSA 135 On-Demand The PRESIDING OFFICER. The Sen- OC INC ...... X20A 135 On-Demand PARTMENT OF ADMINIS- ator from West Virginia. SAAB AIRCRAFT OF AMERICA S4RM 125 Air Operator TRATION. INC. T AND J AVIATION CO INC .... DAZA 135 On-Demand Mr. ROCKEFELLER. Mr. President, VIRGIN ISLANDS: TRANS NORTH AVIATION LTD EBFA 135 On-Demand the chairman of the full committee is ACE FLIGHT CENTER ...... JLZA 135 On-Demand NAE INC ...... NE9A 135 On-Demand ATLANTIC AIRCRAFT INC ...... X25M 125 Air Operator WEST VIRGINIA: here. On the Democratic side, the CLAIR AERO ...... EO7A 135 On-Demand EXECUTIVE AIR TERMINAL E96A 135 On-Demand amendment is acceptable, and I believe CORPORATE CHARTER SERV- C6CA 135 On-Demand INC. ICE INC. FRED L HADDAD INC ...... HDZA 135 On-Demand that is the case on the Republican side, DOMTRAVE AIRWAYS INC ..... FINA 135 On-Demand GREENBRIER VALLEY AVIA- BYWA 135 On-Demand but I will let the chairman of the full FOUR STAR AVIATION INC .... FHCA 135 On-Demand TION INC. FRESH AIR INC ...... F6AB 125 Air Operator HELICOPTER FLITE SERVICES BXOA 135 On-Demand committee speak for himself. ISLAND AIR CHARTERS INC .. I5AA 135 On-Demand INC. The PRESIDING OFFICER. The Sen- PREMIER AIRWAYS INC ...... PI7A 135 On-Demand JEDA INC ...... EJDA 135 On-Demand ROI INC ...... R6IA 135 On-Demand RADER AVIATION INC ...... BXSA 135 On-Demand ator from Arizona. SHILLINGFORD, CLINTON K ... FHVA 135 On-Demand STONE RIVER LLC ...... B9ZA 135 On-Demand Mr. MCCAIN. Mr. President, I thank ST JOHN SEAPLANE INC ...... S2JA 135 On-Demand WYOMING: the Senator from Connecticut for his VIRGIN AIR INC ...... VAIA 135 Commuters AIR CAROLINA INC ...... TB7A 135 On-Demand WRA INC ...... FOWA 135 On-Demand INC ...... BIGA 135 On-Demand usual perspective on an important VERMONT: CASPER AIR SERVICE INC .... CBCA 135 On-Demand issue that had escaped the attention of VALLEY AIR SERVICES INC ... IGXA 135 On-Demand FLIGHTLINE AVIATION SERV- F3NA 135 On-Demand WASHINGTON: ICES INC. this committee, and it is an important ALASKAS WILDERNESS AIWC 135 On-Demand FRANKLIN AVIATION INC ...... FK9A 135 On-Demand issue. His involvement in the Y2K issue LODGE INC. HAWKINS AND POWERS BZBA 135 On-Demand AEROCOPTERS INC ...... GKDA 135 On-Demand AVIATION INC. clearly indicates he is qualified to dis- AIR RAINIER INC ...... R5IA 135 On-Demand POWERS AND HAWKINS PHEB 125 Air Operator cuss this issue, and this amendment AIRPAC AIRLINES INC ...... APCA 135 On-Demand ENTERPRIZES. COOL AIR INC ...... CJOA 135 On-Demand SHANE, RONALD A AND BYYA 135 On-Demand will be extremely helpful. I thank the DAVIS AVIATION INC ...... XZDA 135 On-Demand SHARON L. Senator from Connecticut. ERICKSON AVIATION ...... E4SA 135 On-Demand SKULL CREEK AIR SERVICE UKLA 135 On-Demand GALVIN FLYING SERVICE INC HUNA 135 On-Demand SKY AVIATION CORP ...... BZHA 135 On-Demand I believe there is no further debate on HALEY, JOSEPH R ...... OF7A 135 On-Demand the amendment. HANSON, ROGER D ...... O9AA 135 On-Demand HELICOPTER CONSULTANTS H89A 135 On-Demand Mr. DODD. Mr. President, lastly, all The PRESIDING OFFICER. The INC. of us have a sense of responsibility to question is on agreeing to the amend- JEM INVESTMENTS INC ...... O4CM 125 Air Operator LUDLOW AVIATION INC ...... HUMA 135 On-Demand our constituents and the people of this ment. METHOW AVIATION INC ...... GGPA 135 On-Demand country to act when we have informa- The amendment (No. 2241), as modi- NATIONAL CHARTER NET- NCRA 135 On-Demand WORK INC. tion that raises concerns about the fied, was agreed to. NATURES DESIGNS INC ...... V5IA 135 On-Demand safety of an industry over this new mil- Mr. DODD. Mr. President, I move to NORTHERN TIER AIRLINES NOQA 135 On-Demand INC. lennium period. Since so many air car- reconsider the vote. NORTHWEST HELICOPTERS NTWA 135 On-Demand riers did not respond to the FAA sur- Mr. MCCAIN. I move to lay that mo- INC. PACKARD, THOMAS G ...... TCZA 135 On-Demand vey, I have unanswered questions about tion on the table. PAVCO INC ...... PVCA 135 On-Demand the safety of these companies to which The motion to lay on the table was PHX INC ...... GHCA 135 On-Demand PUGET SOUND AIR COURIER P84A 135 On-Demand we deserve the answers. The irrespon- agreed to. RITE BROS AVIATION INC ..... RTEA 135 On-Demand sibility of these carriers and companies Mr. MCCAIN. Mr. President, for the ROGERS, RICHARD O ...... IRTA 135 On-Demand SNOHOMISH FLYING SERVICE GIQA 135 On-Demand that fail to respond prompts me to benefit of my colleagues, we are work- INC. offer this amendment which I have al- ing through most of the amendments. SPORTCO INVESTMENTS II OB7M 125 Air Operator INC. ready sent to the desk on behalf of Sen- We are close except for a couple. We VULCAN NORTHWEST INC ..... VN8M 125 Air Operator ator BENNETT, myself, Senator MCCAIN, have a number that have been agreed WEST ISLE AIR INC ...... HUFA 135 Commuters WINGS ALOFT INC ...... GHAA 135 On-Demand Senator HOLLINGS, and Senator ROCKE- to. I would like to clear some that have AIRCRAFT SPECIALITIES LTD GLSA 135 On-Demand FELLER. been agreed to by both sides. EVANS, JOHN F AND GKPA 135 On-Demand GRATZER, DAREL. We realize the FAA already has the AMENDMENT NO. 2256 KELSO FLIGHT SERVICE INC K5FA 135 On-Demand authority to suspend a carrier’s flying KOLBE, BARRY J ...... LJOA 135 On-Demand (Purpose: to establish a commission to study MT ADAMS LUMBER COM- GEGA 135 On-Demand privileges under appropriate cir- the airline industry and to recommend PANY INC. cumstances. With this proposal, we policies to ensure consumer information ARCHER AVIATION INC ...... KWYA 135 On-Demand BERGSTROM AIRCRAFT INC GMOA 135 On-Demand want to make it explicit that Y2K non- and choice) COMMANDER NORTHWEST CMMA 135 On-Demand compliance is one of those cir- Mr. MCCAIN. Mr. President, I send to LTD. EAGLE HELICOPTERS INC ..... IOAA 135 On-Demand cumstances. Under the amendment, the desk an amendment on behalf of EVANS AVIATION INC ...... EAIB 125 Air Operator any air carrier that does not respond Senator BURNS and Senator ASHCROFT. FALCON WEST HELICOPTERS OFWA 135 On-Demand INC. by November 1 to the FAA’s request for The PRESIDING OFFICER. Without FELTS FIELD AVIATION INC ... GFVA 135 On-Demand information about their Y2K status objection, the clerk will report the INLAND NORTHWEST HELI- I7HA 135 On-Demand COPTERS L L C. may be required to surrender its oper- amendment. INTER-STATE AVIATION INC .. GGSA 135 On-Demand ating certificate. It is simple. If you The legislative clerk read as follows: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11929

The Senator from Arizona [Mr. MCCAIN], (A) The rules, regulations, policies, and (j) OBTAINING OFFICIAL DATA.—The Com- for Mr. BURNS, for himself and Mr. practices of the industry governing such sys- mission may secure directly from any de- ASHCROFT, proposes an amendment num- tems. partment or agency of the United States in- bered 2256. (B) How trends in such systems will affect formation (other than information required The amendment is as follows: consumers, including— by any statute of the United States to be (i) the effect on consumer access to flight kept confidential by such department or At the appropriate place insert: reservation information; and agency) necessary for the Commission to TITLE — (ii) the effect on consumers of the use by carry out its duties under this section. Upon SECTION 1. SHORT TITLE. the airline industry of penalties and pro- request of the Commission, the head of that This title may be cited as the ‘‘Improved motions to convince distributors to use such department or agency shall furnish such Consumer Access to Travel Information systems, and the degree of consumer aware- nonconfidential information to the Commis- Act’’. ness of such penalties and promotions. sion. (4) LEGAL IMPEDIMENTS TO DISTRIBUTORS SEC. 2. NATIONAL COMMISSION TO ENSURE CON- (k) REPORT.—Not later than 6 months after SEEKING RELIEF FOR ANTICOMPETITIVE AC- SUMER INFORMATION AND CHOICE the date on which initial appointments of IN THE AIRLINE INDUSTRY. TIONS.—The policies of the United States members to the Commission are completed, (b) ESTABLISHMENT.—There is established a with respect to the legal impediments to dis- the Commission shall transmit to the Presi- commission to be known as the ‘‘National tributors seeking relief for anticompetitive dent and Congress a report on the activities Commission to Ensure Consumer Informa- actions, including— of the Commission, including recommenda- tion and Choice in the Airline Industry’’ (in (A) Federal preemption of civil actions tions made by the Commission under sub- this section referred to as the ‘‘Commis- against airlines; and section (c)(2). (B) the role of the Department of Transpor- sion’’). (l) TERMINATION.—The Commission shall tation in enforcing rules against anti- (c) DUTIES.— terminate on the 30th day following the date competitive practices. (1) STUDY.—The Commission shall under- of transmittal of the report under subsection (e) MEMBERSHIP.— take a study of— (k). All records and papers of the Commis- (1) APPOINTMENT.—The Commission shall sion shall thereupon be delivered by the Ad- (A) consumer access to information about be composed of 15 voting members and 11 ministrator of General Services for deposit the products and services of the airline in- nonvoting members as follows: dustry; (A) 5 voting members and 1 nonvoting in the National Archives. (m) APPLICABILITY OF THE FEDERAL ADVI- (B) the effect on the marketplace on the member appointed by the President. emergency of new means of distributing such (B) 3 voting members and 3 nonvoting SORY COMMITTEE ACT.—The Federal Advisory products and services; members appointed by the Speaker of the Committee Act (5 U.S.C. App.) shall not (C) the effect on consumers of the declin- House of Representatives. apply to the Commission. ing financial condition of travel agents in (C) 2 voting members and 2 nonvoting Mr. MCCAIN. Mr. President, that the United States; and members appointed by the minority leader of amendment has been accepted by both (D) the impediments imposed by the air- the House of Representatives. sides, and there is no further debate. line industry on distributors of the indus- (D) 3 voting members and 3 nonvoting try’s products and services, including travel The PRESIDING OFFICER. Without members appointed by the majority leader of objection, the amendment is agreed to. agents and Internet-based distributors. the Senate. (2) POLICY RECOMMENDATIONS.—Based on (E) 2 voting members and 2 nonvoting The amendment (No. 2256) was agreed the results of the study described in para- members appointed by the minority leader of to. graph (1), the Commission shall recommend the Senate. AMENDMENT NO. 1925 to the President and Congress policies nec- (2) QUALIFICATIONS.—Voting members ap- (Purpose: expressing the sense of the Senate essary to— pointed under paragraph (1) shall be ap- concerning air traffic over northern Dela- (A) ensure full consumer access to com- pointed from among individuals who are ex- ware) plete information concerning airline fares, perts in economics, service product distribu- Mr. MCCAIN. Mr. President, on be- routes, and other services; tion, or transportation, or any related dis- half of Senator ROTH, I send amend- (B) ensure that the means of distributing cipline, and who can represent consumers, the products and services of the airline in- passengers, shippers, travel agents, airlines, ment No. 1925 to the desk and ask for dustry, and of disseminating information or general aviation. its immediate consideration. about such products and services, is ade- (3) TERMS.—Members shall be appointed for The PRESIDING OFFICER. Without quate to ensure that competitive informa- the life of the Commission. objection, the clerk will report. tion is available in the marketplace; (4) VACANCIES.—A vacancy in the Commis- The legislative clerk read as follows: (C) ensure that distributors of the products sion shall be filled in the manner in which The Senator from Arizona [Mr. MCCAIN], and services of the airline industry have ade- the original appointment was made. for Mr. ROTH, proposes an amendment num- quate relief from illegal, anticompetitive (5) TRAVEL EXPENSES.—Members shall bered 1925. practices that occur in the marketplace; and serve without pay but shall receive travel ex- (D) foster healthy competition in the air- penses, including per diem in lieu of subsist- The amendment is as follows: line industry and the entry of new entrants. ence, in accordance with subchapter I of At the appropriate place, insert the fol- (d) SPECIFIC MATTERS TO BE ADDRESSED.— chapter 57 of title 5, United States Code. lowing new section: In carrying out the study authorized under (6) CHAIRPERSON.—The President, in con- SEC. ll. EXPRESSING THE SENSE OF THE SEN- subsection (c)(1), the Commission shall spe- sultation with the Speaker of the House of ATE CONCERNING AIR TRAFFIC cifically address the following: Representatives and the majority leader of OVER NORTHERN DELAWARE. (1) CONSUMER ACCESS TO INFORMATION.— the Senate, shall designate the Chairperson (a) DEFINITION.—The term ‘‘Brandywine With respect to consumer access to informa- of the Commission (referred to in this Act as Intercept’’ means the point over Brandywine tion regarding the services and products of- the ‘‘Chairperson’’) from among its voting Hundred in northern Delaware that pilots fered by the airline industry, the following: members. use for guidance and maintenance of safe op- (A) The state of such access. (f) COMMISSION PANELS.—The Chairperson eration from other aircraft and over which (B) The effect in the 5-year period fol- shall establish such panels consisting of vot- most aircraft pass on their East Operations lowing the date of the study of the making of ing members of the Commission as the approach to International Air- alliances in the airline industry. Chairperson determines appropriate to carry port. (C) Whether and to what degree the trends out the functions of the Commission. (b) FINDINGS.—Congress makes the fol- regarding such access will produce benefits (g) STAFF.—The Commission may appoint lowing findings: to consumers. and fix the pay of such personnel as it con- (1) The Brandywine Hundred area of New (2) MEANS OF DISTRIBUTION.—With respect siders appropriate. Castle County, Delaware serves as a major to the means of distributing the products (h) STAFF OF FEDERAL AGENCIES.—Upon re- approach causeway to Philadelphia Inter- and services of the airline industry, the fol- quest of the Commission, the head of any de- national Airport’s East Operations runways. lowing: partment or agency of the United States (2) The standard of altitude over the Bran- (A) The state of such means of distribu- may detail, on a reimbursable basis, any of dywine Intercept is 3,000 feet, with airport tion. the personnel of that department or agency scatter charts indicating that within a given (B) The roles played by travel agencies and to the Commission to assist it in carrying hour of consistent weather and visibility air- Internet-based providers of travel informa- out its duties under this section. craft fly over the Brandywine Hundred at tion and services in distributing such prod- (i) OTHER STAFF AND SUPPORT.—Upon the anywhere from 2,500 to 4,000 feet. ucts and services. request of the Commission, or a panel of the (3) Lower airplane altitudes result in in- (C) Whether the policies of the United Commission, the Secretary of Transpor- creased ground noise. States promote the access of consumers to tation shall provide the Commission or panel (c) SENSE OF THE SENATE.—It is the sense multiple means of distribution. with professional and administrative staff of the Senate that the Secretary of Trans- (3) AIRLINE RESERVATION SYSTEMS.—With and other support, on a reimbursable basis, portation should— respect to airline reservation systems, the to assist the Commission or panel in car- (1) include northern Delaware in any study following: rying out its responsibilities. of aircraft noise conducted under part 150 of S11930 CONGRESSIONAL RECORD — SENATE October 5, 1999 title 14 of the Code of Federal Regulations (B) by striking the period at the end of a grant or cooperative agreement for this required under the National Environmental clause (iv) and inserting in lieu thereof ‘‘; purpose. Nothing in this section shall require Policy Act of 1969 for the redesign of the air- and’’; and the Administrator to prioritize an airfield space surrounding Philadelphia Inter- (C) by adding at the end the following new payment research program above safety, se- national Airport; clause: curity, Flight 21, environment, or energy re- (2) study the feasibility, consistent with ‘‘(v) highlight the research and develop- search programs. safety, of placing the approach causeway for ment technology transfer activities that pro- SEC. 07. SENSE OF SENATE REGARDING PRO- Philadelphia International Airport’s East mote technology sharing among government, TECTING THE FREQUENCY SPEC- Operations over the Delaware River (instead industry, and academia through the Steven- TRUM USED FOR AVIATION COMMU- of Brandywine Hundred); and son-Wydler Technology Innovation Act of NICATION. (3) study the feasibility of increasing the 1980.’’; and It is the sense of the Senate that with the standard altitude over the Brandywine Inter- (2) in paragraph (3), by inserting ‘‘The re- World Radio Communication Conference cept from 3,000 feet to 4,000 feet. port shall be prepared in accordance with re- scheduled to begin in May, 2000, and the need quirements of section 1116 of title 31, United to ensure that the frequency spectrum avail- Mr. MCCAIN. Mr. President, this States Code.’’ after ‘‘effect for the prior fis- able for aviation communication and naviga- amendment has been agreed to by both cal year.’’. tion is adequate, the Federal Aviation Ad- sides. There is no further debate. (b) REQUIREMENT.—Not later than March 1, ministration should— The PRESIDING OFFICER. Without 2000, the Administrator of the National Aero- (1) give high priority to developing a na- objection, the amendment is agreed to. nautics and Space Administration and the tional policy to protect the frequency spec- The amendment (No. 1925) was agreed Administrator of the Federal Aviation Ad- trum used for the Global Positioning System to. ministration shall jointly prepare and trans- that is critical to aviation communications mit to the Congress an integrated civil avia- and the safe operation of aircraft; and AMENDMENT NO. 2251 tion research and development plan. (2) expedite the appointment of the United (Purpose: to restore the eligibility of reliever (c) CONTENTS.—The plan required by sub- States Ambassador to the World Radio Com- airports for Airport Improvement Program section (b) shall include— munication Conference. Letters of Intent) (1) an identification of the respective re- SEC. 08. STUDY. Mr. MCCAIN. Mr. President, I send to search and development requirements, roles, The Secretary shall conduct a study to the desk amendment No. 2251 on behalf and responsibilities of the National Aero- evaluate the applicability of the techniques of Senator ABRAHAM. nautics and Space Administration and the used to fund and administer research under The PRESIDING OFFICER. Without Federal Aviation Administration; the National Highway Cooperative Research objection, the clerk will report. (2) formal mechanisms for the timely shar- Program and the National Transmit Re- The legislative clerk read as follows: ing of information between the National Aer- search Program to the research needs of air- onautics and Space Administration and the ports. The Senator from Arizona [Mr. MCCAIN], Federal Aviation Administration; and for Mr. ABRAHAM, proposes an amendment (3) procedures for increased communica- Mr. MCCAIN. Mr. President, the numbered 2251. tion and coordination between the Federal amendment is agreed to by both sides. The amendment is as follows: Aviation Administration research advisory The PRESIDING OFFICER. Without objection, the amendment is agreed to. On page 14, strike lines 9 through 11. committee established under section 44508 of title 49, United States Code, and the NASA The amendment (No. 1909) was agreed Mr. MCCAIN. Mr. President, this Aeronautics and Space Transportation Tech- to. amendment has been agreed to by both nology Advisory Committee. AMENDMENTS NOS. 1911, 1897, 1914, 2238, EN BLOC sides, and there is no further debate. SEC. 03. INTERNET AVAILABILITY OF INFORMA- Mr. MCCAIN. Mr. President, I send The PRESIDING OFFICER. Without TION. objection, the amendment is agreed to. The Administrator of the Federal Aviation the final four amendments to the desk The amendment (No. 2251) was agreed Administration shall make available en bloc. They are amendment No. 1911 to. through the Internet home page of the Fed- on behalf of Senator FEINSTEIN, amend- eral Aviation Administration the abstracts ment No. 1897 on behalf of Senator AMENDMENT NO. 1909 relating to all research grants and awards ABRAHAM, amendment No. 1914 on be- (Purpose: to authorize the Federal Aviation made with funds authorized by the amend- half of Mr. TORRICELLI, and amendment Administration’s civil aviation research ments made by this Act. Nothing in this sec- and development programs for fiscal years No. 2238 on behalf of Senator CONRAD. I tion shall be construed to require or permit ask unanimous consent that these 2000 and 2001, and for other purposes) the release of any information prohibited by amendments be considered en bloc. Mr. MCCAIN. Mr. President, on be- law or regulation from being released to the half of myself, I send amendment No. public. The PRESIDING OFFICER. Without 1909 to the desk and ask for its imme- SEC. 04. RESEARCH ON NONSTRUCTURAL AIR- objection, it is so ordered. The clerk diate consideration. CRAFT SYSTEMS. will report the amendments en bloc. The PRESIDING OFFICER. Without Section 44504(b)(1) of title 49, United States The legislative clerk read as follows: Code, is amended by inserting ‘‘, including The Senator from Arizona [Mr. MCCAIN] objection, the clerk will report. nonstructural aircraft systems,’’ after ‘‘life The legislative clerk read as follows: proposes amendments numbered 1911, 1897, of aircraft’’. 1914, and 2238, en bloc. The Senator from Arizona [Mr. MCCAIN] SEC. 05. POST FREE FLIGHT PHASE I ACTIVI- proposes an amendment numbered 1909. TIES. The amendments are as follows: The amendment is as follows: No later than May 1, 2000, the Adminis- AMENDMENT NO. 1911 trator of the Federal Aviation Administra- At the appropriate place, insert the fol- (Purpose: To direct the Secretary of Trans- tion shall transmit to Congress a definitive portation, acting throiugh the Adminis- lowing: plan for the continued implementation of trator of the Federal Aviation Administra- TITLE —FEDERAL AVIATION RESEARCH, Free Flight Phase I operational capabilities tion, to issue regulations relating to the ENGINEERING, AND DEVELOPMENT for fiscal years 2003 through 2005. The plan outdoor air and ventilation requirements SEC. 01. AUTHORIZATION OF APPROPRIATIONS. shall include and address the recommenda- for ventilation for passenger cabins) Section 48102(a) of title 49, United States tions concerning operational capabilities for At the appropriate place, insert the fol- Code, is amended— fiscal years 2003 through 2005 due to be made lowing new section: by the RTCA Free Flight Steering Com- (1) by striking ‘‘and’’ at the end of para- SEC. ll. STUDY OF OUTDOOR AIR, VENTILA- graph (4)(J); mittee in December 1999 that was established TION, AND RECIRCULATION AIR RE- (2) by striking the period at the end of at the direction of the Federal Aviation Ad- QUIREMENTS FOR PASSENGER CAB- paragraph (5) and inserting in lieu thereof a ministration. The plan shall also include INS IN COMMERCIAL AIRCRAFT. semicolon; and budget estimates for the implementation of (a) DEFINITIONS.—In this section, the terms (3) by adding at the end the following: these operational capabilities. ‘‘air carrier’’ and ‘‘aircraft’’ have the mean- ‘‘(6) $240,000,000 for fiscal year 2000; SEC. 06. RESEARCH PROGRAM TO IMPROVE AIR- ings given those terms in section 40102 of ‘‘(7) $250,000,000 for fiscal year 2001; and FIELD PAVEMENTS. title 49, United States Code. ‘‘(8) $260,000,000 for fiscal year 2002;’’. The Administrator of the Federal Aviation (b) IN GENERAL.—As soon as practicable SEC. 02. INTEGRATED NATIONAL AVIATION RE- Administration shall consider awards to non- after the date of enactment of this section, SEARCH PLAN. profit concrete pavement research founda- the Secretary of Transportation (referred to (a) IN GENERAL.—Section 44501(c) of title tions to improve the design, construction, in this section as the ‘‘Secretary’’) shall con- 49, United States Code, is amended— rehabilitation, and repair of rigid concrete duct a study of sources of air supply con- (1) in paragraph (2)(B)— airfield pavements to aid in the development taminants of aircraft and air carriers to de- (A) by striking ‘‘and’’ at the end of clause of safer, more cost-effective, and durable air- velop alternatives to replace engine and aux- (iii); field pavements. The Administrator may use iliary power unit bleed air as a source of air October 5, 1999 CONGRESSIONAL RECORD — SENATE S11931 supply. To carry out this paragraph, the Sec- implemented to mitigate the impact of air- need for travel agents resulting in retary may enter into an agreement with the craft noise on communities surrounding air- travel agents handling nearly 90% of Director of the National Academy of ports. transactions. Sciences for the National Research Council Therefore, the travel agent system AMENDMENT NO. 2238 to conduct the study. has proven to be a key factor to the (c) AVAILABILITY OF INFORMATION.—Upon SECTION 1. SENSE OF THE SENATE. success of airline deregulation. I’m completion of the study under this section in It is the Sense of the Senate that— one year’s time, the Administrator of the (a) essential air service (EAS) to smaller afraid, however, that the demise of the Federal Aviation Administration shall make communities remains vital, and that the dif- independent travel agent would be a available the results of the study to air car- ficulties encountered by many of commu- factor of deregulation’s failure if the riers through the Aviation Consumer Protec- nities in retaining EAS warrant increased major airlines succeed in dominating tion Division of the Office of the General federal attention. the ticket distribution system. Counsel for the Department of Transpor- (b) the FAA should give full consideration Travel agents and other independent tation. to ending the local match required by Dick- distributors comprise a considerable inson, North Dakota. portion of the small business sector in AMENDMENT NO. 1897 SEC. 2. REPORT. the United States. There are 33,000 (Purpose: To provide for a General Aviation Not later than 60 days after enactment of travel agencies employing over 250,000 Metropolitan Access and Reliever Airport this legislation, the Secretary of Transpor- Grant Fund) tation shall report to the Congress with an people. Women or minorities own over At the appropriate place insert the fol- analysis of the difficulties faced by many 505 of travel agencies. lowing: smaller communities in retaining EAS and a The assault on travel agents has been SEC. . GENERAL AVIATION METROPOLITAN AC- plan to facilitate easier EAS retention. This fierce. Since 1995, commissions have CESS AND RELIEVER AIRPORT report shall give particular attention to been reduced by 30%, 14% for domestic GRANT FUND. communities in North Dakota. travel alone in 1998. Since 1995, travel (a) DEFINITION.—Title 49, United States Mr. MCCAIN. Mr. President, those agent commissions have been reduced Code, is amended by adding the following amendments are agreed to by both from an average of 10.8% to 6.9% in new section at the end of section 47144(d)(1): sides. 1998. Travel agencies are failing in ‘‘(C) GENERAL AVIATION METROPOLITAN AC- The PRESIDING OFFICER. Without record numbers. CESS AND RELIEVER AIRPORT.—‘General Avia- tion Metropolitan Access and Reliever Air- objection, the amendments are agreed Mr. President, I think it is important port’ means a Reliever Airport which has an- to en bloc. to study this issue as well as the re- nual operations in excess of 75,000 oper- The amendments (Nos. 1911, 1897, lated issues of the current state of ations, a runway with a minimum usable 1914, and 2238) were agreed to. ticket distribution channels, the im- landing distance of 5,000 feet, a precision in- Mr. BURNS. Mr. President, I rise portance of an independent system on strument landing procedure, a minimum of today to introduce an amendment to S. small, regional, start-up carriers, and 150 based aircraft, and where the adjacent 82, the Air Transport Improvement the role of the Internet. I would like to Air Carrier Airport exceeds 20,000 hours of Act. This amendment will establish a ask my colleagues to support this im- annual delays as determined by the Federal Aviation Administration.’’ commission to study the future of the portant amendment. (b) APPORTIONMENT.—Title 49, United travel agent industry and determine DEKALB-PEACHTREE AIRPORT States Code, section 47114(d), is amended by the consumer impact of airline inter- Mr. COVERDELL. Mr. President, will adding at the end: action with travel agents. the distinguished chairman of the Sen- ‘‘(4) The Secretary shall apportion an addi- Since the Airline Deregulation Act of ate Commerce Committee yield for a tional 5 percent of the amount subject to ap- 1978 was enacted, major airlines have question? portionment for each fiscal year to States controlled pricing and distribution Mr. MCCAIN. I will be happy to yield that include a General Aviation Metropoli- policies of our nation’s domestic air to the senior Senator from Georgia. tan Access and Reliever Airport equal to the Mr. COVERDELL. Mr. President, the percentage of the apportionment equal to transportation system. Over the past the percentage of the number of operations four years, the airlines have reduced DeKalb-Peachtree Airport is the second of the State’s eligible General Aviation Met- airline commissions to travel agents in busiest airport in Georgia, and this ropolitan Access and Reliever Airports com- an competitive effort to reduce costs. level of activity makes living and pared to the total operations of all General I am concerned the impact of today’s working in this area noisy and dan- Aviation Metropolitan Access and Reliever business interaction between airlines gerous. Businesses cannot expand, and Airports.’’ and travel agents may be a driving poorer residents cannot afford to move force that will force many travel until a government buy-out of these AMENDMENT NO. 1914 agents out of business. Combined with properties is completed. The Federal (Purpose: To require the Administrator of the competitive emergence of Internet Aviation Administration, commonly the Environmental Protection Agency to services, these practices may be harm- referred to as the FAA, has done stud- conduct a study on airport noise) ing an industry that employs over ies which show that increased oper- At the appropriate place in title IV, insert 250,000 Americans. ations at Dekalb-Peachtree Airport are the following: This amendment will explore these too noisy and unsafe for residents and ll SEC. 4 . STUDY. concerns through the establishment of businesses in the northern vicinity of (a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the a commission to objectively review the the airport. While the FAA has pro- Administrator of the Environmental Protec- emerging trends in the airline ticket vided some relief and been helpful in tion Agency shall submit a study on airport distribution system. Among airline the purchasing of some homes, there noise to Congress, the Secretary of Transpor- consumers there is a growing concern needs to be a speedy conclusion to this tation, and the Administrator of the Federal that airlines may be using their mar- buy-out process in order to allow these Aviation Administration. ket power to limit how airline tickets homes and businesses to move to safer (b) AREAS OF STUDY.—The study shall are distributed. areas and give the airport the room it examine— Mr. President, if we lose our travel requires to meet an ever-increasing de- (1) the selection of noise measurement agents, we lose a competitive compo- methodologies used by the Administrator of mand. Additional FAA funding is need- the Federal Aviation Administration; nent to affordable air fare. Travel ed as soon as possible. to complete this (2) the threshold of noise at which health agents provide a much needed service task, would the Chairman be willing impacts are felt; and without, the consumer is the loser. provide additional federal funding in (3) the effectiveness of noise abatement The current use of independent travel the FAA reauthorization bill to address programs at airports around the United agencies as the predominate method to this situation? States; and distribute tickets ensures an efficient Mr. MCCAIN. I appreciate the efforts (4) the impacts of aircraft noise on stu- and unbiased source of information for of the senior Senator from Georgia on dents and educators in schools. air travel. Before deregulation, travel behalf of his constituents and for (c) RECOMMENDATIONS.—The study shall in- clude specific recommendations to the Sec- agents handled only about 40% of the bringing this matter to the attention retary of Transportation and the Adminis- airline ticket distribution system. of the Senate at the beginning of this trator of the Federal Aviation Administra- Since deregulation, the complexity of Congress. As the Senator may know, tion concerning new measures that should be the ticket pricing system created the there are a number of businesses and S11932 CONGRESSIONAL RECORD — SENATE October 5, 1999 residents located near other airports legislation and we are pleased to hear Prior to that, if it is agreeable with across the country in a similar situa- his views on this provision. Senator FITZGERALD, Senator tion to what is occurring at the Mr. BUNNING. In 1991, the Regional ASHCROFT wants to have 5 minutes to Dekalb-Peachtree Airport. The Com- Airport Authority of Louisville and make a statement. I ask unanimous merce Committee has authorized a sig- Jefferson County entered into a letter consent that prior to that, Senator nificant increase in noise mitigation of intent (LOI) with the Federal Avia- ASHCROFT have 5 minutes. funding for the FAA to address this tion Administration for funding from The PRESIDING OFFICER (Mr. GOR- problem and accelerate the buy-out the Airport Improvement Program for TON). Is there objection? Without objec- process. an ambitious expansion of the Louis- tion, it is so ordered. The Senator from Mr. COVERDELL. I thank the chair- ville Airport. The LOI was for $126 mil- Missouri is recognized. man for his assistance. My staff and I lion. When the new east runway was f look forward to working with him and completed in 1995 and ready for oper- NOMINATION OF RONNIE WHITE the junior Senator from Georgia on ation, Louisville was informed that no this important matter. funds were available in the FAA Facili- Mr. ASHCROFT. Mr. President, I Mr. CLELAND. Will the chairman ties and Equipment Account (F&E) to thank the Senator from Arizona for af- yield for another question? provide an Instrument Landing System fording me this opportunity to make Mr. MCCAIN. I will be happy to yield (ILS), thus rendering the new runway some remarks regarding the vote on to the junior Senator from Georgia. inoperative. FAA advised Louisville the nomination of Ronnie White. Mr. CLELAND. Mr. President, the Yesterday, in accordance with the noise mitigation funding which this that if they procured the ILS, the FAA would later reimburse them for the ex- unanimous consent agreement entered bill authorizes is very much needed— into last week, we set aside substan- and appreciated—by communities lo- penditure of $5.68 million for the sys- tem. tially over an hour to debate not only cated near our nation’s airports. Over the White nomination but a number of 10 years ago, Georgia’s second busiest Mr. MCCAIN. I can appreciate the de- mands on the F&E account for these other nominations which came before airport, Dekalb-Peachtree Airport, the Senate today. I was here for that began a runway expansion program to expenditures and can well understand how such a regrettable situation might debate, I engaged in that debate, and I accommodate its increased traffic. Six outlined my opposition to Judge White, years ago, the FAA began providing occur. not my opposition based on anything funding to relocate the residential Mr. BUNNING. We currently have a personal or based on my distaste in any homes located in the Airport’s Runway confusing situation where the FAA has way for the judge, but based on my real Protection Zone. Thanks to noise miti- informed Louisville that $4.2 million in reservations about his record as it re- gation money, 108 homes have had the funds drawn down against the LOI in lates to law enforcement. opportunity to relocate. Unfortu- 1998 were for reimbursement for the After the conclusion of the vote nately, after a decade, 58 homes and 61 ILS. today, there were a number of individ- businesses are still in limbo, and still Mr. MCCAIN. As the Senator knows, uals who secured integrals of time to impacted by the noise from 225,000 the FAA routinely provides safety and speak about that nomination and flights a year. This community near navigational equipment to airports. Mr BUNNING. Yes, indeed. That is about that vote and raised questions Atlanta—and I am sure there are com- that more properly should have been munities in similar straights in Ari- precisely the purpose of the language. raised in the debate, and, secondly, de- zona—has suffered for years, because The $4.2 million the FAA designated as serve a response. So I come to respond the buy-out has gone on far too long. reimbursement is money the Louisville Don’t you agree that in determining Airport would have received under the in that respect. I want to explain why I believe Judge the need for noise money, the FAA $126 million LOI anyway. The provision White should not have been confirmed, should take into consideration the in the legislation simply directs the harmful, drawn-out impact on commu- FAA to amend the existing LOI with and I believe the Senate acted favor- nities from long-standing projects the Regional Airport Authority to in- ably and appropriately in protecting which have awaited completion over a crease it by $5.68 million, thus reim- the strong concerns raised by law en- number of years? bursing Louisville the total cost of the forcement officials. Mr. MCCAIN. The Senator is correct. ILS. The National Sheriffs Association ex- As the Senator knows, in the report ac- Mr. MCCAIN. It is my understanding pressed their very serious opposition to companying the Federal Aviation Ad- that a similar provision was included the nomination of Judge White. The ministration reauthorization bill, the in the Statement of Managers accom- Missouri Federation of Chiefs of Police Commerce Committee, at the instiga- panying the Transportation appropria- expressed their opposition. The Mis- tion of the Junior Senator from Geor- tions legislation for fiscal year 2000. souri Sheriffs Association raised strong gia, urges the FAA to take into consid- Mr. BUNNING. That is correct. concerns and asked for a very serious eration the negative impact on com- Mr. MCCAIN. I thank the Senator for consideration. In my conferences with munities, like DeKalb County, of such his description of the situation, and I law enforcement officials, prosecutors unresolved long-standing projects when will be happy to continue to work to and judges, they raised serious con- allocating noise mitigation money. rectify this matter. cerns; so that when those who come to Mr. CLELAND. I thank the chairman Mr. BUNNING. I thank the Senators the floor today talk about this nomina- for his remarks, and I look forward to for their assistance. tion in a context that is personal rath- continuing to work with the Senator PRIVILEGE OF THE FLOOR er than professional and is political from Arizona and my colleague from Mr. MCCAIN. Mr. President, on be- rather than substantive, I think they Georgia to complete the Dekalb-Peach- half of Senator STEVENS, I ask unani- miss the point. tree Airport buy-out. mous consent that Dan Elwell, a con- There are very serious matters ad- LOUISVILLE AIRPORT gressional fellow in Senator STEVENS’ dressed in his record that deserve the Mr. BUNNING. Mr. President, I want office, be granted the privilege of the attention of the Senate and which, to express my hope that Senators floor for the pendency of the Senate once having been reviewed by Members MCCAIN and GORTON will work to in- consideration of S. 82. of the Senate, would lead Senators to clude language in the conference report The PRESIDING OFFICER. Without the conclusion that, indeed, the Senate accompanying S. 82, which is of great objection, it is so ordered. did the right thing. importance to the Regional Airport Mr. McCAIN. Mr. President, I ask Judge White’s sole dissent in the Mis- Authority of Louisville and Jefferson unanimous consent that notwith- souri v. Johnson, a brutal cop killer, an County, KY. I would like to provide a standing the agreement of yesterday individual who killed three law en- brief explanation of the need for this referencing the filing of amendments, forcement officials over several hours, provision and what it is intended to ac- Senator FITZGERALD be recognized and holding a small town in Missouri in a complish. that it be in order for him to offer an terrified condition, that opinion which Mr. MCCAIN. I thank the Senator amendment not previously filed, and sought to create new ground for allow- from Kentucky for his support of the that the amendment then be agreed to. ing convicted killers who had the death October 5, 1999 CONGRESSIONAL RECORD — SENATE S11933 penalty ordered in their respect, allow- port or John F. Kennedy International Air- Mr. FITZGERALD. Mr. President, ing them new ground for new trials, port.’’. this amendment would exempt O’Hare and the like, is something that ought On page 8, beginning with line 7, strike International Airport from any lifting through line 17 on page 12 and insert the fol- to trouble us. We do not need judges lowing: of the high density rule. I understand with a tremendous bent toward crimi- (1) IN GENERAL.—Subchapter I of chapter this amendment has been accepted on nal activity or with a bent toward ex- 417, as amended by subsection (d), is amend- both sides. I ask unanimous consent cusing or providing second chances or ed by inserting after section 41717 the fol- the amendment be agreed to. opportunities for those who have been lowing: I thank the Presiding Officer himself accused in those situations. ‘‘§ 41718. Special Rules for Chicago O’Hare for his efforts to work with me, and Missouri v. Kinder is another case International Airport also the distinguished Commerce Com- where he was the sole dissenter, a case ‘‘(a) IN GENERAL.—The Secretary of Trans- mittee Chairman, Senator MCCAIN of murder and assault, murder with a portation shall grant 30 slot exemptions over from Arizona, and the ranking Demo- lead pipe, the defendant was seen leav- a 3-year period beginning on the date of en- cratic member, Senator ROCKEFELLER. ing the scene of the crime with the lead actment of the Transportation Improvement Of course, I thank the good auspices of Act at Chicago O’Hare International Airport. pipe and DNA evidence confirming the our majority leader who helped work ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- presence of the defendant with the per- MENTS.— out this agreement. I appreciate the son murdered. ‘‘(1) STATE 3 AIRCRAFT REQUIRED.—An ex- time and consideration of all on a very The judge in that case wrote a dis- emption may not be granted under this sec- difficult matter. sent saying that the case was contami- tion with respect to any aircraft that is not The PRESIDING OFFICER. Without nated by a racial bias of the trial judge a Stage 3 aircraft (as defined by the Sec- objection, it is so ordered. The amend- because the trial judge had indicated retary). ment (No. 2264) was agreed to. ‘‘(2) SERVICE PROVIDED.—Of the exemptions Mr. FITZGERALD. I thank the that he opposed affirmative action and granted under subsection (a)— had switched parties based on that. ‘‘(A) 18 shall be used only for service to un- Chair. Another case, Missouri v. Damask, a derserved markets, of which no fewer than 6 The PRESIDING OFFICER. Under drug checkpoint case. The sole dissent shall be designated as commuter slot exemp- the previous order, the Senator from in the case was from Judge White who tions; and West Virginia is recognized for not to would have expanded substantially the ‘‘(B) 12 shall be air carrier slot exemptions. exceed 15 minutes. rights of defendants to object to ‘‘(c) PROCEDURAL REQUIREMENTS.—Before Mr. BYRD. Mr. President, I thank granting exemptions under subsection (a), the Chair. searches and seizures. the Secretary shall— I believe that law enforcement offi- ‘‘(1) conduct an environmental review, tak- f cials had an appropriate, valid, reason- ing noise into account, and determine that IN DEFENSE OF CHURCHES able concern. That concern was appro- the granting of the exemptions will not priately recognized and reflected in the cause a significant increase in noise; Mr. BYRD. Mr. President, recent vote of the Senate. Not only Missouri ‘‘(2) determine whether capacity is avail- comments by a political figure have needs judges, but the entire country able and can be used safely and, if the Sec- unfairly and, I think, unjustly casti- retary so determines then so certify; gated American churches and millions needs judges whose law enforcement ‘‘(3) give 30 days notice to the public experience is such that it sends a sig- of American church-goers as ‘‘. . . a through publication in the Federal Register sham and a crutch for weak-minded nal that they are reliable and will sup- of the Secretary’s intent to grant the exemp- port appropriate law enforcement. tions; and people who need strength in numbers. I am grateful to have had this oppor- ‘‘(4) consult with appropriate officers of [meaning organized religion] tells peo- tunity. No time was expected for de- the State and local government on any re- ple to go out and stick their noses in bate on this issue today, and as an in- lated noise and environmental issues. other people’s business.’’ Now these ‘‘(d) UNDERSERVED MARKET DEFINED.—In comments are being defended as the dividual who was involved in this mat- this section, the term ‘service to underserved ter, I am pleased to have had this op- kind of outspoken honesty that people markets’ means passenger air transportation really seek in a politician. While I am portunity. I thank the Senate. I thank service to an airport that is a nonhub airport the Senator from Arizona for helping or a small hub airport (as defined in para- totally in favor of greater candor from make this time available to me. graphs (4) and (5), respectively, of section politicians, particularly in these days I yield the floor. 41731(a)).’’. of poll-driven and consultant-drafted f (2) 3-year report.—The Secretary shall mealy-mouthed pap masquerading as study and submit a report 3 years after the ‘‘vision,’’ I am emphatically not in AIR TRANSPORTATION first exemption granted under section favor of rudeness. There is far too IMPROVEMENT ACT—Continued 41718(a) of title 49, United States Code, is much rude and divisive talk in this Na- first used on the impact of the additional tion these days, and it only exacer- The PRESIDING OFFICER. Under slots on the safety, environment, noise, ac- the previous order, the Senator from Il- cess to underserved markets, and competi- bates the kind of climate that encour- linois is recognized. tion at Chicago O’Hare International Air- ages acts of violence against anyone AMENDMENT NO. 2264 TO AMENDMENT NO. 1892 port. who is different or any organization On page 19, strike lines 10 and 11. (Purpose: To replace the slot provisions re- that is not mainstream—or maybe even On page 19, line 12, strike ‘‘(B)’’ and insert lating to Chicago O’Hare International if it is mainstream, as churches are ‘‘(A)’’. Airport) still mainstream, at least in my part of On page 19, line 13, strike ‘‘(C)’’ and insert the world. We cannot and should not Mr. FITZGERALD. Mr. President, I ‘‘(B)’’. rise on behalf of myself and my col- On page 19, line 15, strike ‘‘(D)’’ and insert let this kind of meanness be excused in league from Illinois, Senator DURBIN, ‘‘(C)’’. the name of honesty and candor. to propose an amendment to the Mr. BYRD. Mr. President, will the I do not question anyone’s right to amendment proposed by the Presiding distinguished Senator yield without voice his opinion, whether I agree with Officer himself, Senator GORTON, and losing his right to the floor? it or not, but I also do not believe it is Senator ROCKEFELLER. I send the Mr. FITZGERALD. Yes, I will yield. necessary to demean or belittle or amendment to the desk. Mr. BYRD. I ask unanimous consent denigrate anyone in the process of The PRESIDING OFFICER. The that following the Senator’s state- voicing an opinion. I am pleased to see clerk will report. ment, I be recognized to speak for not that I am not alone in my outrage, but The legislative clerk read as follows: to exceed 15 minutes on another mat- that many people have expressed simi- lar feelings. I hope that we can all The Senator from Illinois [Mr. FITZ- ter. GERALD], for himself and Mr. DURBIN, pro- The PRESIDING OFFICER. Is there learn a lesson from this episode. poses an amendment numbered 2264 to objection? All of us ask for guidance from those amendment No. 1892. Without objection, it is so ordered. we trust whenever we are faced with The amendment is as follows: Mr. BYRD. I thank the Senator from difficult problems. We ask our parents, On page 5, beginning with ‘‘apply—’’ in line Illinois. or our wives, we ask our husbands, or 15, strike through line 19 and insert ‘‘apply The PRESIDING OFFICER. The Sen- our friends. So what is wrong with after December 31, 2006, at LaGuardia Air- ator from Illinois is recognized. seeking the advice of someone who has S11934 CONGRESSIONAL RECORD — SENATE October 5, 1999 seen more troubles and received more show charity, not afraid to practice words when they are offensive to mil- training in counseling than ourselves— kindness. Tolerance for the beliefs of lions of Americans, be they Christians, someone who has a calling, a passion, others is one of the cornerstones on Jews, Muslims, whether or not people for this role? Someone such as our pas- which this Nation is founded, and we in who practice their religion in a church, tor or priest or minister? Or what is public life would be well-advised to re- a synagogue, or a mosque. There is wrong with asking the One who knows member that. every reason to believe that organized and shares all of our troubles—in ask- Let me close these remarks, Mr. religion, if you will, has contributed ing the Creator for guidance and sup- President, with a passage from George significantly to the strength and well- port? What is wrong with asking our- Washington’s Farewell Address. Mr. being of the Nation. selves, ‘‘What would Jesus do?’’ There President, George Washington, com- This morning, in a column by E.J. is nothing wrong with using the spir- mander of the American forces at Val- Dionne called the Gospel of Jesse Ven- itual guidance provided to us from God ley Forge, was not a weak-minded man. tura, he quotes the statements made and His Son, and tested over nearly George Washington, the first President by the Governor of Minnesota in which 2,000 years of human experience. It is of the United States—and the greatest the Governor said: not weak-minded. It is not sheep-like President of all—was not a weak-mind- Organized religion is a sham and a crutch to grow up within a framework of faith ed man. Let’s share what he had to say for weak-minded people who need strength in and to celebrate the rituals of the about religion. We might even class numbers. It tells people to go out and stick church. It does not mean that one has George Washington as a politician. their noses in other people’s business. a weakness and needs organized reli- Here is what George Washington Now, Mr. President, the column: gion to ‘‘strengthen oneself.’’ said. I suggest that all take note. Well, Governor, I have to hand it to you. Churches across this Nation provide Of all the dispositions and habits which You’ve told us over and over that you say millions of strong people with spir- lead to political prosperity, religion and mo- what’s on your mind and, because of that, rality are indispensable supports. In vain you’re unlike the average politician. This itual, emotional, and physical support. statement definitely justifies all your self- People who are active in their church would that man claim the tribute of patriot- ism, who should labor to subvert these great congratulation. may literally count their blessings Because you’re so honest and tough-mind- pillars of human happiness, these firmest ed, I figured you wouldn’t mind answering a when disaster strikes them. Be it the props of the duties of men and citizens. sudden loss of a loved one, a fire, a few questions about your comments. I ask Let me digress briefly to suggest that flood, that person will find himself sur- them because none of your explanations all politicians, whether at the State or rounded with caring friends and help- after the interview helped me understand local or national level, take note of your meaning. Perhaps I’m thick-headed and ing hands. Insurance may provide a what George Washington said. you can bring me to your level of enlighten- sense of financial security, but no mat- The mere politician, equally with the pious ment. ter whose good hands your insurance Martin Luther King Jr. was a pastor who man, ought to respect and to cherish them. A led the Southern Christian Leadership Con- may be in, an insurance company can- volume could not trace all their connections ference. He organized church people to fight not hold your hand and offer a shoulder with private and public felicity. Let it sim- for justice. Many who opposed him thought to lean on while your home is reduced ply be asked, where is the security for prop- he was sticking his nose into other people’s to smoky ruins or washed downstream erty, for reputation, for life, if the sense of business. In his first major civil rights ser- religious obligation desert the oaths which in a flood. A pastor, a priest, a min- mon at the Holt Street Baptist Church in are the instruments of investigation in ister, or friend from your church can Montgomery, Ala., he declared: ‘‘If we are courts of justice? And let us with caution in- do so, and will do so. And people in wrong, Jesus of Nazareth was merely a uto- dulge the supposition that morality can be your church will offer you the clothes pian dreamer and never came down to earth! maintained without religion. Whatever may If we are wrong, justice is a lie!’’ off of their backs, or a place to stay, or be conceded to the influence of refined edu- Please tell me, Governor, I want to know: food to eat when you are hungry, or cation on minds of peculiar structure, reason Was Martin Luther King Jr. ‘‘weak-minded’’ help in many other small ways that are and experience both forbid us to expect, that for working through ‘‘organized religion’’? national morality can prevail in exclusion of a balm on a hurting soul. Instead of While you’re at it, were all those civil rights religious principle. facing your loss alone, help arrives in activists, so many motivated by religious battalions. Mr. President, I yield the floor. faith, ‘‘weak-minded’’ for risking their lives Churches have become, in many The PRESIDING OFFICER. The Sen- in the struggle? ways, the new centers of community in ator from Connecticut. Rabbi Abraham Heschel was a brilliant America. We live in ever-expanding Mr. DODD. Mr. President, I had no theologian and wrote about the Hebrew suburbs. We spend long hours each day intention to speak on this matter. It is prophets. He was moved by his sense of the commuting to jobs miles from our purely coincidence—one might even prophetic to become a leading ally of King’s battle for equality. Was he weak-minded? homes. Our children ride buses to dis- suggest the hand of the Almighty— Dietrich Bonhoffer was a German theolo- tant schools that may combine many that caused me just a few minutes ago gian moved by his faith to oppose Hitler. He neighborhoods or even many commu- to read a column that appeared in the went to prison and was eventually killed. ‘‘I nities. Boston Globe in this particular case, a have discovered,’’ he wrote a few weeks be- We may rarely see our neighbor, or column that picks up on the very fore his execution, ‘‘that only by living fully may know the neighbor only to nod at theme the distinguished senior Senator in the world can we learn to have faith.’’ Was as we back our cars out of our drive- from West Virginia has addressed this Dietrich Bonhoffer using his faith as a ways. Air conditioning, television, and ‘‘sham and a crutch?’’ afternoon. The Polish workers of the Solidarity trade other amenities have taken the place I will read the column into the CON- union movement, inspired by faith and of sitting on the front porch with a GRESSIONAL RECORD. I have rarely ever helped immensely by their ‘‘organized reli- glass of lemonade. Now, if we are out- done this, but I found this column so gion,’’ faced down the Communist dictator- side, we are likely on a deck in the compelling. It corresponds very much ship in Poland. They risked jail and beatings back yard, hidden by a fence or a hedge to the eloquent words of our colleague and helped change the world. Was that weak- from the prying eyes of our unseen from West Virginia and the compelling minded of them? neighbors. But in church on Sunday, words of our first American President, What about those theologians who thought through religious questions and the meaning one is encouraged to shake a neighbor’s George Washington. of life on behalf of all those churchy souls hand. One is asked to pray for neigh- First of all, we live in a wonderful you say need crutches? Were Augustine and bors who are sick or in distress. And country that allows people to express Aquinas weak-minded? Were Luther and Cal- one hears the word of God—a Name their views, whether they be public vin? What about 20th-century prophets such that is above all other names—and par- people or not. The Governor of Min- as Reinhold Niebuhr and Martin Buber? They ticipates in the observance of the lit- nesota has expressed his views in a na- were towering intellects, I’ve always urgy that binds all of us in a seamless tional publication that comes to the thought, but perhaps I’m blind and you can issue of organized religion. He cer- help me see. lineage to the heritage of man. I respect and admire the courage you dem- Churches are not for the weak-mind- tainly is entitled to his views, but I onstrated in serving our country as a Navy ed, Mr. President. They are for the think for those of us who disagree with SEAL. But just out of curiosity: Do you strong. They are for people who are not him and, in fact, as public persons, we think the military chaplains you met were afraid to seek guidance, not afraid to bear responsibility to challenge those weak-minded? October 5, 1999 CONGRESSIONAL RECORD — SENATE S11935 Father Andrew Greeley, the sociologist, Quite often, we have debates out here her telephone calls and visitors strictly has found that ‘‘relationships related to reli- on the floor of the Senate about the screened, strongly suggests that her gion’’ are clearly the major forces mobilizing negative impact of television violence, disappearance was orchestrated by the volunteers in America. We’re talking here or violence in movies, on children. The authorities. about mentors for children, volunteers in In May, Yuri Zakharenka, a former homeless programs, those who give comfort fact is that for too many children— at shelters for battered women. Are all these maybe as many as 5 million children in interior minister and an opposition ac- good volunteers just seeking strength in our country—they don’t need to turn tivist, disappeared as he was walking numbers? on the TV or go to a movie to see the home. He was last seen bundled into a While you were making money wrestling, violence; they see the violence in their car by a group of unidentified men. His Mother Teresa was devoting her life to the homes. wife said for two weeks prior to his ab- poor of Calcutta. Maybe you think she would We will have this really marvelous duction, he had complained of being have been better off in the ring with Disco display of art by these students from tailed by two cars. Inferno. At the height of protests in July, an- I don’t want to get too personal, but I Minnesota, and it will be in the Russell truly want to know what you’re trying to rotunda on display this week. Tonight, other opposition leader, speaker of the tell us. The nuns who taught me in grade for other Senators, at 6:30, there will be illegally disbanded parliament, fled to school and the Benedictine monks who a reception for these students. They Lithuania, saying that he feared for his taught me in high school devoted the whole should be honored for their fine work. life. of their lives to helping young people learn. Mr. President, I commend Mr. Then two weeks ago, Victor Gonchar, Was their dedication to others a sign of Dionne. His words speak eloquently to a leading political dissident, and his weakness? The parish I grew up in was full of the emotions and feelings of many of friend, a publisher, vanished on an parents—my own included—whose religious evening outing, even though Mr. faith motivated them to build a strong com- us. Again, I respect the Governor of Minnesota in expressing his views, but Gonchar was under constant surveil- munity that nurtured us kids. I guess you’re lance by the security police. Gonchar’s telling me those parents I respected were we certainly have an obligation to ex- only seeking strength in numbers. press ours. E.J. Dionne has expressed wife reportedly contacted city law en- forcement agencies, local hospitals and Somewhere around 100 million Americans them well with this Member of the morgues without result. The govern- attend religious services in any given week. Senate. Sociologists agree we are one of the most re- I yield the floor and note the absence ment maintains that it has no informa- ligiously observant countries in the world, tion on his whereabouts. Mr. Gonchar especially compared to other wealthy na- of a quorum. The PRESIDING OFFICER. The has been instrumental in selecting an tions. Are we a weak-minded country? opposition delegation to OSCE-medi- In explaining your comments afterward, clerk will call the roll. you said: ‘‘This is Playboy; they want you to The legislative clerk proceeded to ated talks with the government, and be provocative.’’ Does that mean you would call the roll. was scheduled to meet with the U.S. ambassador to Belarus on September have said something different to the editors f of, say, Christianity Today? 20. Earlier this year, police violently And, Governor, one last question: Are you DISSIDENTS DISAPPEARING IN assaulted and arrested him on charges tough-minded enough to understand the BELARUS of holding an illegal meeting in a pri- meaning of the words: ‘‘Your act is wearing vate cafe, for which he served ten days thin?’’ Mr. WELLSTONE. Mr. President, the government of Belarus has systemati- in jail. Mr. WELLSTONE. Mr. President, I cally intimidated and punished mem- Before President Lukashenko came ask unanimous consent that the order bers of opposition political groups for to office in 1994, one could see improve- for the quorum call be rescinded. several years now. Ordinary citizens— ments in the human rights situation in The PRESIDING OFFICER. Without Belarus. Independent newspapers objection, it is so ordered. some as young as fifteen—have been beaten, arrested, and charged with ab- emerged, and ordinary citizens started f openly expressing their views and surd criminal offenses all because they ideas, opened associations and began to ART FROM THE HEART dared to speak out against the Presi- organize. The parliament became a dent of Belarus, Alex Lukashenko, and Mr. WELLSTONE. Mr. President, I forum for debate among parties with his crushing of basic human rights and thought I would use this time, before differing political agendas. The judici- civil liberties there. we go forward in the Senate with some ary also began to operate more inde- Recently, however, events have additional votes, to speak on two mat- pendently. ters. I am actually waiting for a few grown worse. Four dissidents, closely After Mr. Lukashenko was elected visuals, or pictures, I want to show re- watched by the government’s omni- president, he extended his term and re- garding what I am going to say. present security police have vanished. placed the elected Parliament with his First of all, let me thank a pretty The government says it has no clues as own hand-picked legislators in a ref- amazing group of young people from to why. Up until now, the President erendum in 1996, universally con- my State of Minnesota for coming all only beat and jailed his opponents. The demned as rigged. Since then, he has the way here to Washington, DC. These President now appears to be behind a held fast to his goal of strengthening are high school students, and they have series of disappearances by key opposi- his dictatorship. He has ruthlessly brought, if you will, art that is from tion figures since April, as reported in sought to control and subordinate most the heart. It is an art display that will the New York Times. Last week, the aspects of public life, both in govern- be on exhibit in the rotunda of the Rus- State Department said that it was ment and in society, cracking down on sell Senate Office Building. greatly concerned about the pattern of the media, political parties and grass This month of October is an aware- disappearances and urged the govern- roots movements. Under the new con- ness of domestic violence month. Peo- ment of Belarus to find and protect stitution, he overwhelming dominates ple in the country should understand, those who had vanished. The disappear- other branches of government, includ- if they don’t already, that about every ances coincide with the strongest cam- ing the parliament and judiciary. 13 seconds, a woman is battered in her paign yet launched by Belarus’s pro-de- The first president of democratic home—about every 13 seconds. mocracy movement to press the gov- Belarus, Stanislav Shushkevich, and A home should be a safe place for ernment for reforms. now in the opposition, said recently women and children. What these stu- The first person to disappear was the that the government is resorting to dents have done is—and I first saw former chairwoman of the Central state terrorism by abducting and si- their display at the Harriet Tubman Bank (Tamara Vinnikova). She pub- lencing dissidents. He said, ‘‘the regime Center back home in Minnesota—they licly supported the former prime min- has gone along the path of eliminating have presented some art that, as I say, ister, an opposition candidate, and was the leaders against whom it can’t open is really from the heart. This artwork, being held on trumped up charges even an artificial case. This is done in the most powerful way, deals with under house arrest with an armed with the goal of strengthening the dic- the devastating impact of violence in guard at the time she vanished. That tatorship.’’ homes, not only on women and adults she was held under house arrest, guard- I am deeply concerned that com- but on children as well. ed at all times by live-in KGB agents, ments by senior government officials S11936 CONGRESSIONAL RECORD — SENATE October 5, 1999 this past week which betray official in- AIR TRANSPORTATION The PRESIDING OFFICER. The difference to those disappearances. IMPROVEMENT ACT—Continued clerk will report. I urge President Lukashenko to use Mr. MCCAIN. Mr. President, for the The legislative clerk read as follows: all available means at his disposal to benefit of my colleagues, we are near- The Senator from Arizona [Mr. McCAIN], locate the four missing—and to ensure ing the end as far as amendments are for Mr. HATCH, Mr. LEAHY, and Mr. THUR- MOND, proposes an amendment numbered the safety and security of all living in concerned. We will be ready within 1927. Belarus, regardless of their political about 20 minutes to a half hour to com- Mr. McCAIN. Mr. President, I ask views. What is happening in Belarus plete an amendment by Senator DOR- unanimous consent that reading of the now is an outrage. The world is watch- GAN. We are in the process of working amendment be dispensed with. ing what President Lukashenko does to on it. We have several amendments by The PRESIDING OFFICER. Without address it. Senator HATCH that we are trying to objection, it is so ordered. Mr. President, I want the Govern- get so we can work those out. We have (The text of the amendment is print- no report yet from Senator HUTCHISON ment of Belarus to know that their bla- ed in today’s RECORD under ‘‘Amend- tant violation of the human rights of on whether or not she wants an amend- ments Submitted.’’) citizens is unacceptable. The report ment. So if Senator HUTCHISON, or her Mr. HATCH. Mr. President, today I several days ago of four prominent men staff, is watching, we would like to get am proud to offer the Aircraft Safety and women who have had the courage that resolved. There is a modification Act of 1999 as an amendment to S. 82, to stand up against this very repressive of an amendment by Senator BAUCUS. the Air Transportation Improvement Other than that, we will be prepared Government of Belarus raises very seri- Act. I join with Senator LEAHY and to move to the previous unanimous ous questions. As a Senator, I want to Senator THURMOND in proposing this speak from the floor and condemn that consent agreement concerning debate amendment, which will provide law en- Government’s repressive actions. I on the Robb amendment and vote on forcement with a potent weapon in the want to make it clear to the Govern- that, followed by final passage. I be- fight to protect the safety of the trav- ment of Belarus that these actions, the lieve we are nearing that point. So as eling public. This is one piece of legis- repression and violation of citizens’ we work out the final agreements on lation which could truly help save hun- rights in Belarus, is unacceptable, I these amendments, I hope that within dreds of lives. think, to every single Senator. 10 or 15 minutes we will be able to com- Current federal law does not specifi- plete action on that and be prepared to I think many of us in the human cally address the growing problem of move to the Robb amendment debate rights community are very worried the use of unapproved, uncertified, and then final passage. fraudulent, defective or otherwise un- about whether or not they are still Mr. President, in the meantime, I alive. I would not want the Govern- safe aviation parts in civil, military suggest the absence of a quorum. and public aircraft. Those who traffic ment of Belarus to think they can en- The PRESIDING OFFICER. The gage in this kind of repressive activity in this potentially lethal trade have clerk will call the roll. thus far been prosecuted under a patch- with impunity. That is why I speak The legislative assistant proceeded about this on the floor of the Senate. work of Federal criminal statutes to call the roll. which are not adequate to deter the Mr. MCCAIN. Mr. President, I ask f conduct involved. Most subjects pros- unanimous consent that the order for ecuted to date have received little of the quorum call be rescinded. no jail time, and relatively minor fines ECONOMIC CONVULSION IN The PRESIDING OFFICER. Without have been assessed. Moreover, law en- AGRICULTURE objection, it is so ordered. forcement has not had the tools to pre- Mr. WELLSTONE. Mr. President, let AMENDMENT NO. 1898, AS MODIFIED vent these individuals from reentering me, one more time, return to a ques- Mr. MCCAIN. Mr. President, on be- the trade or to seize and destroy stock- tion I have put to the majority leader, half of Senator BAUCUS, I send a modi- piles of unsafe parts. and then I say to my colleague from fication to the desk and ask that it be While the U.S. airline industry can Arizona I will complete my remarks. accepted. take pride in the safety record they The PRESIDING OFFICER. Is there have achieved thus far, trade in fraudu- In the last 3 weeks now, I have asked objection? for the opportunity to introduce legis- lent and defective aviation parts is a Without objection, it is so ordered. growing problem which could jeop- lation—amendments—which would The modification will be accepted. speak directly to what can only be de- ardize that record. These suspect parts The amendment (No. 1898), as modi- are not only readily available through- scribed as an economic convulsion in fied, is as follows: agriculture, the unbelievable economic out the country, they are being in- At the appropriate place, insert the fol- pain in the countryside, and the num- stalled on aircraft as we speak. This lowing: problem will continue to grow as our ber of farmers who are literally being ( ) AIRLINE QUALITY SERVICE REPORTS.— obliterated and driven off the land. fleet of commercial and military air- The Secretary of Transportation shall mod- craft continues to age. Safe replace- Up to date, I have not been able to ify the Airline Service Quality Performance reports required under part 234 of title 14, ment parts are vital to the safety of get any kind of clear commitment this fleet. When you consider that one from the majority leader as to when we Code of Federal Regulations, to more fully disclose to the public the nature and source Boeing 747 has about 6 million parts, will have the opportunity for all of us of delays and cancellations experienced by you begin to understand the potential in the Senate to have a substantive de- air travelers. Such modifications shall in- for harm caused by the distribution of bate about this and take action. For clude a requirement that air carriers report fraudulent and defective parts. those of us in agricultural States, this delays and cancellations in categories which Where do these parts come from? is very important. I want to signal to reflect the reasons for such delays and can- Some are used or scrap parts which colleagues that I will look for an op- cellations. Such categories and reporting shall be determined by the Administrator in should be destroyed, or have not been portunity, and the first opportunity I properly repaired. Others are simply get, I will try to do everything I can to consultation with representatives of airline passengers, air carriers, and airport opera- counterfeit parts using substandard focus our attention on what can only tors, and shall include delays and cancella- materials unable to withstand the rig- be described as a depression in agri- tions caused by air traffic control. ors imposed through daily use on a culture. I will try to focus the atten- AMENDMENT NO. 1927 modern aircraft. Some are actually tion of people in the Senate, Democrats (Purpose: To amend title 18, United States scavenged from among the wreckage and Republicans alike, on the transi- Code, with respect to the prevention of and broken bodies strewn about after tion that is now taking place in agri- frauds involving aircraft or space vehicle an airplane crash. For example, when culture, which I think, if it runs its full parts in interstate or foreign commerce.) American Airlines Flight 965 crashed course, we will deeply regret as a Na- Mr. McCAIN. Mr. President, on be- into a mountain in Columbia in 1995, it tion. half of Senator HATCH and others, I wasn’t long before some of the parts Mr. President, I yield the floor. send an amendment to the desk. from that aircraft wound up back in October 5, 1999 CONGRESSIONAL RECORD — SENATE S11937 the United States and resold as new by I ask unanimous consent that rel- Secretary of Transpor- an unscrupulous Miami dealer who had evant material, including a copy of the tation. obtained them through the black mar- amendment be printed in the RECORD. WILLIAM S. COHEN, ket. There being no objection, the mate- Secretary of Defense. While the danger to passengers and rial was ordered to be printed in the DANIEL S. GOLDIN, Administrator, Na- civilians on the ground is substantial, RECORD, as follows: tional Aeronautics this danger also jeopardizes the coura- OFFICE OF THE ATTORNEY GENERAL, and Space Adminis- geous men and women of our armed Washington, DC. tration. forces. The Army is increasingly buy- Hon. ORRIN G. HATCH, Enclosures. ing commercial off-the-shelf aircraft Chairman, Committee on the Judiciary, and parts for their growing small jet U.S. Senate, Washington, DC. PROPOSED LEGISLATION DEAR MR. CHAIRMAN: Enclosed is proposed Be it enacted by the Senate and House of Rep- and piston-engine passenger and cargo legislation, ‘‘The Aircraft Safety Act of fleets. The Department of Defense will resentatives of the United States of America, in 1999.’’ This is part of the legislative program Congress assembled, buy 196 such aircraft by 2005 and vir- of the Department of Justice for the first SECTION 1. tually every major commercial pas- session of the 106th Congress. This legisla- This Act may be cited as the ‘‘Aircraft senger aircraft is in the Air Force fleet, tion would safeguard United States aircraft, Safety Act of 1999.’’ space vehicles, passengers, and crewmembers although the military designation is SEC. 2. PREVENTION OF FRAUDS INVOLVING AIR- different. In addition, there are dozens from the dangers posed by the installation of CRAFT OR SPACEVEHICLE PARTS IN of specially configured commercial air- nonconforming, defective, or counterfeit INTERSTATE OR FOREIGN COM- parts in civil, public, and military aircraft. MERCE. craft that have frame modifications to During the 105th Congress, similar legisla- (a) Chapter 2 of title 18, United States serve special missions, such as recon- tion earned strong bi-partisan support, as Code, is amended— naissance and special operations well as the endorsement of the aviation in- (1) by adding at the end of section 31 the forces. The safety of all of these vehi- dustry. following: cles is dependent on the quality of the The problems associated with fraudulent ‘‘ ‘Aviation quality’ means, with respect to parts used to repair them and keep aircraft and spacecraft parts have been ex- aircraft or spacevehicle parts, that the item them flying. plored and discussed for several years. Unfor- has been manufactured, constructed, pro- The amendment we have proposed tunately, the problems have increased while duced, repaired, overhauled, rebuilt, recondi- the discussions have continued. Since 1993, tioned, or restored in conformity with appli- will criminalize: (1.) The knowing fal- federal law enforcement agencies have se- cable standards specified by law, regulation, sification or concealment of a material cured approximately 500 criminal indict- or contract. fact relating to the aviation quality of ments for the manufacture, distribution, or ‘‘ ‘Aircraft’ means any civil, military, or a part; (2.) The knowing making of a installation of nonconforming parts. During public contrivance invented, used, or de- fraudulent misrepresentation con- that same period, the Federal Aviation Ad- signed to navigate, fly, or travel in the air. cerning the aviation quality of a part; ministration (FAA) received 1,778 reports of ‘‘ ‘Part’ means frame, assembly, compo- (3.) the export, import, sale, trade or suspected unapproved parts, initiated 298 en- nent, appliance, engine, propeller, material, part, spare part, piece, section, or related in- installation of any part where such forcement actions, and issued 143 safety no- tices regarding suspect parts. tegral or auxiliary equipment. transaction was accomplished by To help combat this problem, an inter- ‘‘ ‘Spacevehicle’ means a man-made device, means of a fraudulent certification or agency Law Enforcement/FAA working either manned or unmanned, designed for op- other representation concerning the group was established in 1997. Members in- eration beyond the earth’s atmosphere. aviation quality of a part; (4.) An at- clude the Federal Bureau of Investigation ‘‘ ‘State’ means a State of the United tempt or conspiracy to do the same. (FBI); the Office of the Inspector General, States, the District of Columbia, and any The penalty for a violation will be up Department of Transportation; the Defense commonwealth, territory, or possession of Criminal Investigative Service; the Office of the United States.’’. to 15 years in prison and a fine of up to (b) Chapter 2 of title 18, United States $250,000, however, if that part is actu- Special Investigations, Department of the Air Force; the Naval Criminal Investigative Code, is amended by adding at the end the ally installed, the violator will face up Service, Department of the Navy; the Cus- following— to 25 years and a fine of $500,000. And if toms Service, Department of the Treasury; ‘‘§ 38. Fraud involving aircraft or the part fails to operate as represented the National Aeronautics and Space Admin- spacevehicle parts in interstate or foreign and serious bodily injury or death re- istration; and the FAA. The working group commerce sults, the violator can face up to life in quickly identified the need for federal legis- ‘‘(a) OFFENSES.—Whoever, in or affecting prison and a $1,000,000 fine. Organiza- lation that targeted the problem of suspect interstate or foreign commerce, knowingly— tions committing a violation will be aircraft and spacecraft parts in a systemic, ‘‘(1) falsifies or conceals a material fact; subject to fines of up to $25,000,000. organized manner. The enclosed bill is the makes any materially fraudulent representa- product of the working group’s efforts. In addition to the enhanced criminal tion; or makes or uses any materially false Not only does the bill prescribe tough new writing, entry, certification, document, penalties created, the Department of penalties for trafficking in suspect parts; it record, data plate, label or electronic com- Justice may also seek reasonable re- also authorizes the Attorney General, in ap- munication, concerning any aircraft or straining orders pending the disposi- propriate cases, to seek civil remedies to spacevehicle part; tion of actions brought under the sec- stop offenders from re-entering the business ‘‘(2) exports from or imports or introduces tion, and may also seek to remove con- and to direct the destruction of stockpiles into the United States, sells, trades, installs victed persons from engaging in the and inventories of suspect parts so that they on or in any aircraft or spacevehicle any air- business in the future and force the de- do not find their way into legitimate com- craft or spacevehicle part using or by means merce. Other features of the bill are de- of fraudulent representations, documents, struction of suspect parts. Criminal scribed in the enclosed section-by-section records, certifications, depictions, data forfeiture of proceeds and facilitating analysis. plates, labels or electronic communications; property may also be sought. The At- If enacted, this bill would give law enforce- or torney General is also given the au- ment a potent weapon in the fight to protect ‘‘(3) attempts or conspires to commit any thority to issue subpoenas for the pur- the safety of the traveling public. Con- offense described in paragraph (1) or (2), shall pose of facilitating investigations into sequently, we urge that you give the bill fa- be punished as provided in subsection (b). the trafficking of suspect parts, and vorable consideration. ‘‘(b) PENALTIES.—The punishment for an We would be pleased to answer any ques- offense under subsection (a) is as follows: wiretaps may be obtained where appro- tions that you may have and greatly appre- ‘‘(1) If the offense relates to the aviation priate. ciate your continued support for strong law quality of the part and the part is installed This amendment is supported by At- enforcement. The Office of Management and in an aircraft or spacevehicle, a fine of not torney General Reno, Secretary Slater, Budget has advised us that, from the per- more than $500,000 or imprisonment for not Secretary Cohen and NASA Adminis- spective of the Administration’s program, more than 25 years, or both; trator Goldin, and OMB has indicated there is no objection to the submission of ‘‘(2) If, by reason of its failure to operate as that this amendment is in accord with this legislative proposal, and that its enact- represented, the part to which the offense is the President’s program. I ask my fel- ment would be in accord with the program of related is the probable cause of a malfunc- the President. tion or failure that results in serious bodily low Senators to join with Senators Sincerely, injury (as defined in section 1365) to or the LEAHY, THURMOND and me in sup- RENO, death of any person, a fine of not more than porting this important piece of legisla- Attorney General. $1,000,000 or imprisonment for any term of tion. RODNEY E. SLATER, years or life, or both; S11938 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(3) If the offense is committed by an orga- ments, electronic media, or other objects or SECTION 2. PREVENTION OF FRAUDS INVOLVING nization, a fine of not more than $25,000,000; tangible things), which may be relevant to AIRCRAFT OR SPACEVEHICLE PARTS and an authorized law enforcement inquiry, that IN INTERSTATE OR FOREIGN COM- ‘‘(4) In any other case, a fine under this a person or legal entity may possess or have MERCE. title or imprisonment for not more than 15 care, custody, or control; and This section, whose primary purpose is to years, or both. ‘‘(ii) requiring a custodian of records to safeguard U.S. aircraft and spacecraft, and ‘‘(c) CIVIL REMEDIES.—(1) The district give testimony concerning the production passengers and crewmembers from the dan- courts of the United States shall have juris- and authentication of such records. gers posed by installation of nonconforming, diction to prevent and restrain violations of ‘‘(B) A subpoena under this subsection defective, or counterfeit frames, assemblies, this section by issuing appropriate orders, shall describe the objects required to be pro- components, appliances, engines, propellers, including, but not limited to: ordering any duced and prescribe a return date within a materials, parts or spare parts into or onto person convicted of an offense under this sec- reasonable period of time within which the civil, public, and military aircraft. Thus, tion to divest himself of any interest, direct objects can be assembled and made available. even though the section is cast as an amend- or indirect, in any enterprise, or to destroy, ‘‘(C) The production of records shall not be ment to the criminal law, it is a public safe- or to mutilate and sell as scrap, aircraft ma- required under this section at any place ty measure. terial or part inventories or stocks; imposing more than 500 miles distant from the place The problems associated with noncon- reasonable restrictions on the future activi- where the subpoena for the production of forming, defective, and counterfeit aircraft ties or investments of any such person, in- such records is served. parts have been explored and discussed in a cluding, but not limited to, prohibiting en- ‘‘(D) Witnesses summoned under this sec- number of fora for several years. For exam- gagement in the same type of endeavor as tion shall be paid the same fees and mileage ple, in 1995, the Honorable Bill Cohen, then used to perpetrate the offense, or ordering that are paid witnesses in the courts of the Chairman of the Senate Subcommittee on dissolution or reorganization of any enter- United States. Oversight of Government Management and prise, making due provisions for the rights ‘‘(2) SERVICE.—A subpoena issued under the District of Columbia (now Secretary of and interests of innocent persons. this section may be served by any person Defense), said: ‘‘Airplane parts that are ‘‘(2) The Attorney General may institute who is at least 18 years of age and is des- counterfeit, falsely documented or manufac- proceedings under this subsection. Pending ignated in the subpoena to serve it. Service tured without quality controls are posing an final determination thereof, the court may upon a natural person may be made by per- increased risk to the flying public, and the at any time enter such restraining orders or sonal delivery of the subpoena to him. Serv- federal government is not doing enough to prohibitions, or take such other actions, in- ice may be made upon a domestic or foreign ensure safety.’’ Similarly, Senator Carl cluding the acceptance of satisfactory per- corporation or upon a partnership or other Levin, in a 1995 statement before the same formance bonds, as it shall deem proper. unincorporated association which is subject Subcommittee, said: ‘‘A domestic passenger ‘‘(3) A final judgment or decree rendered in to suit under a common name, by delivering airplane can contain as many as 6 million favor of the United States in any criminal the subpoena to an officer, to a managing or parts. Each year, about 26 million parts are proceeding brought by the United States general agent, or to any other agent author- used to maintain aircraft. Industry has esti- under this section shall estop the defendant ized by appointment or by law to receive mated that as much as $2 billion in unap- from denying the essential allegations of the service of process. The affidavit of the person proved parts are now sitting on the shelves criminal offense in any subsequent civil pro- serving the subpoena entered on a true copy of parts distributors, airlines, and repair sta- ceeding brought by the United States. thereof by the person serving it shall be tions.’’ ‘‘(d) CRIMINAL FORFEITURE.—(1) The court, proof of service. Notwithstanding increased enforcement ef- in imposing sentence on any person con- ‘‘(3) ENFORCEMENT.—In the case of contu- forts, the magnitude of the problem is in- victed of an offense under this section, shall macy by or refusal to obey a subpoena issued creasing: according to the June 10, 1996, edi- order, in addition to any other sentence and to any person, the Attorney General may in- tion of Business Week magazine, ‘‘Numerous irrespective of any provision of State law, voke the aid of any court of the United FAA inspectors . . . say the problem of sub- that the person shall forfeit to the United States within the jurisdiction of which the standard parts has grown dramatically in States— investigation is carried on or of which the the past five years. That’s partly because the ‘‘(A) any property constituting, or derived subpoenaed person is an inhabitant, or in nation’s aging airline fleet needs more re- from, any proceeds such person obtained, di- which he carries on business or may be pairs and more parts to keep flying—increas- rectly or indirectly, as a result of such of- found, to compel compliance with the sub- ing the opportunities for bad parts to sneak fense; and poena. The court may issue an order requir- in. And cash-strapped startups outsource ‘‘(B) any property used, or intended to be ing the subpoenaed person to appear before much of their maintenance, making it hard- used, in any manner or part, to commit or the Attorney General to produce records, if er for them to keep tabs on the work.’’ Ac- facilitate the commission of such offense. so ordered, or to give testimony concerning cording to Senator Levin’s 1995 statement, ‘‘(2) The forfeiture of property under this the production and authentication of such ‘‘over the past five years, the Department of section, including any seizure and disposi- records. Any failure to obey the order of the Transportation Inspector General and the tion thereof, and any proceedings relating court may be punished by the court as a con- Federal Bureau of Investigation have ob- thereto, shall be governed by the provisions tempt thereof. All process in any such case tained 136 indictments, 98 convictions, about of section 413 of the Comprehensive Drug may be served in any judicial district in $50 million in criminal fines, restitutions Abuse Prevention and Control Act of 1970 (21 which such person may be found. and recoveries in cases involving unapproved U.S.C. § 853), except for subsection (d) of that ‘‘(4) IMMUNITY FROM CIVIL LIABILITY.—Not- aircraft parts. . . . The bad news is that addi- section. withstanding any Federal, State, or local tional investigations are underway with no ‘‘(e) CONSTRUCTION WITH OTHER LAWS.— law, any person, including officers, agents, sign of a flagging market in unapproved This Act shall not be construed to preempt and employees, receiving a summons under parts.’’ or displace any other remedies, civil or this section, who complies in good faith with Yet, no single Federal law targets the criminal, provided by Federal or State law the summons and thus produces the mate- problem in a systemic, organized manner. for the fraudulent importation, sale, trade, rials sought, shall not be liable in any court Prosecutors currently use a variety of stat- installation, or introduction of aircraft or of any State or the United States to any cus- utes to bring offenders to justice. These stat- spacevehicle parts into commerce. tomer or other person for such production or utes include mail fraud, wire fraud, false ‘‘(f) TERRITORIAL SCOPE.—This section ap- for nondisclosure of that production to the statements and conspiracy, among others. plies to conduct occurring within the United customer.’’. While these prosecutorial tools work well States or conduct occurring outside the (c) CLERICAL AMENDMENT.—The table of enough in many situations, none of them United States if— sections for chapter 2 of title 18, United ‘‘(1) The offender is a United States person; focus directly on the dangers posed by non- States Code, is amended by adding at the end conforming, defective, and counterfeit air- or the following: ‘‘(2) The offense involves parts intended for craft parts. Offenders benefit from this lack ‘‘38. Fraud involving aircraft of space vehicle use in U.S. registry aircraft or spacevehicles; of focus, often in the form of light sentences. parts in interstate of foreign or One incident reveals the inherent short- ‘‘(3) The offense involves either parts, or commerce.’’. comings of such an approach. aircraft or spacevehicles in which such parts SEC. 3. CONFORMING AMENDMENT. ‘‘In 1991, a mechanic at United [Airlines] are intended to be used, which are of U.S. or- Section 2516(1)(c) of title 18, United States noticed something odd about what were sup- igin. Code, is amended by inserting ‘‘section 38 posed to be six Pratt & Whitney bearing-seal ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND (relating to aircraft parts fraud),’’ after ‘‘sec- spacers used in P&W’s jet engines—engines PROCEDURES.— tion 32 (relating to destruction of aircraft or installed on Boeing 727s and 737s and McDon- ‘‘(1) AUTHORIZATION.—(A) In any investiga- aircraft facilities),’’. nell-Douglas DC–9s world-wide. The spacers tion relating to any act or activity involving proved to be counterfeit, and P&W deter- an offense under this section, the Attorney SECTION-BY-SECTION ANALYSIS mined that they would have disintegrated General may issue in writing and cause to be SECTION 1. within 600 hours of use, compared with a served a subpoena— This section states the short title of the 20,000-hour service life of the real part. A ‘‘(i) requiring the production of any legislation, the ‘‘Aircraft Safety Act of spacer failure in flight could cause the total records (including any books, papers, docu- 1999.’’ failure of an engine. Investigators traced the October 5, 1999 CONGRESSIONAL RECORD — SENATE S11939 counterfeits to a broker who allegedly used the subject of a conviction concerns the written subpoenas requiring the production unsuspecting small toolmakers and printers aviation quality of the part at issue and the of records relevant to an authorized law en- to fake the parts, as well as phony Pratt & part is actually installed in an aircraft or forcement inquiry pertaining to offenses Whitney boxes and labels. The broker . . . spacevehicle, then the maximum punishment under the new section. Testimony con- pled guilty to trafficking in counterfeit increases to 25 years imprisonment and a cerning the production and authentication of goods and received a seven-month sentence $500,000 fine. If, however, the prosecution is such records may also be compelled. The sub- in 1994.’’ (June 10, 1996, Edition of Business able to show that the part at issue was the section also sets forth guidance concerning Week Magazine.) probable cause of a malfunction or failure the service and enforcement of such sub- Given the potential threat to public safety, leading to an emergency landing or mishap poenas and provides civil immunity to any a focused, comprehensive law is needed to at- that results in the death or injury of any person who, in good faith, complies with a tack this problem. person, then the maximum punishment is in- subpoena issued pursuant to the Section. Prevention of Frauds Involving Aircraft or creased to life imprisonment and a $1 million The subsection is modeled closely on an Spacecraft Parts in Interstate or Foreign fine. Finally, if a person other than an indi- analogous provision found in Section Commerce remedies the problems noted vidual is convicted, the maximum fine is in- 3486(a)(1) of Title 18, pertaining to health above by amending Chapter Two of Title 18, creased to $25 million. care fraud investigations. Like the health United States Code. Chapter Two deals with New subsection (c) authorizes the Attorney care industry, the aviation industry—includ- ‘‘Aircraft and Motor Vehicles,’’ and cur- General to seek appropriate civil remedies, ing the aviation-parts component of the in- rently contains provisions dealing with the such as injunctions, to prevent and restrain dustry—is highly regulated since the public destruction of aircraft or aircraft facilities, violations of the Act. Part of the difficulty has an abiding interest in the safe and effi- and violence at international airports but in stopping the flow of nonconforming, defec- cient operation of all components of the in- says nothing about fraudulent trafficking in tive, and counterfeit parts into interstate or dustry. The public also has concomitant in- nonconforming, defective, or counterfeit air- foreign commerce is the ease with which un- terest in access to the records and related in- craft parts. scrupulous individuals and firms enter and formation pertaining to the industry since, Subsection (a) builds on the existing re-enter the business; ‘‘Moreover, even when often, the only evidence of possible viola- framework of Chapter Two by adding some they are caught and punished, these crimi- tions of law may be the records of this regu- relevant definitions to Section 31. The sub- nals can conceivably go back to selling air- lated industry. Thus, companies and individ- section defines ‘‘aviation quality,’’ when craft parts when their sentences are up.’’ uals doing business in this industry are in used with respect to aircraft or aircraft (See, 1995 Statement of Senator Joe the public limelight by choice and have re- parts, to mean aircraft or parts that have Lieberman before the Senate Subcommittee duced or diminished expectations of privacy been manufactured, constructed, produced, on Oversight of Government Management in their affairs relating to how that business repaired, overhauled, rebuilt, reconditioned, and the District of Columbia.) In addition to is conducted. In such situations, strict prob- or restored in conformity with applicable providing a way to maintain the status quo able cause requirements regarding the pro- standards, specified by law, regulation, or and to keep suspected defective or counter- duction of records, documents, testimony, contract. The term is used in Section 38(b) of feit parts out of the mainstream of com- and related materials make enforcement im- the Act, which sets forth the maximum pen- merce during an investigation, this provision possible. This provision recognizes this but alties for violation of the offenses prescribed adds important post-conviction enforcement also imposes some procedural rigor and re- by Section 38(a). If the misrepresentation or tools to prosecutors. The ability to bring lated safeguards so that the administrative fraud that leads to a conviction under Sec- such actions may be especially telling in subpoena power is not abused in this con- tion 38(a) concerns the ‘‘aviation quality’’ of dealing with repeat offenders since a court text. The provisions rquires the information an aircraft part, then Section 38(b)(2) en- may, in addition to imposing traditional sought to be relevant to the investigation, hances the maximum punishment by 10 years criminal penalties, order individuals to di- reasonably specific, and not unreasonably imprisonment and doubles the potential fine. vest themselves of interests in businesses burdensome to meet. This subsection also defines ‘‘aircraft.’’ used to perpetuate related offenses or to re- SECTION 3. CONFORMING AMENDMENT. This definition essentially repeats the defini- frain from entering the same type of busi- This section would add the new offenses tion of aircraft already provided in Section ness endeavor in the future. Courts may also created by the Act to the list of predicate of- 40102 of Title 49. direct the disposal of stockpiles and inven- fenses for which oral, wire, and electronic ‘‘Part’’ is defined to mean virtually all air- tories of parties not shown to be genuine or communications may be authorized. craft components and equipment. conforming to specifications to prevent their Mr. MCCAIN. Mr. President, the ‘‘Spacevehicle’’ is defined to mean any subsequent resale or entry into commerce. It man-made device, manned or unmanned, de- is envisioned that the prosecution would amendment has been agreed to by both signed for operation beyond the earth’s at- seek such relief only when necessary to en- sides. There is no further debate. mosphere and would include rockets, mis- sure aviation safety. The PRESIDING OFFICER. Without siles, satellites, and the like. Proposed subsection (d) provides for crimi- objection, the amendment is agreed to. Subsection (b) adds a totally new Section nal forfeiture proceedings in cases arising The amendment (No. 1927) was agreed 38 to Chapter Two of Title 18. Subsection under new section 38 of Title 18. to. 38(a)(1)–(3) sets out three new offenses de- Proposed subsection (e) discusses how the AMENDMENT NO. 2240 signed to outlaw the fraudulent exportation, Act is to be construed with other laws relat- importation, sale, trade, installation, or in- ing to the subject of fraudulent importation, (Purpose: To preserve essential air services troduction of nonconforming, defective, or sale, trade, installation, or introduction of at dominated hub airports) counterfeit aircraft or aircraft parts into aircraft or aircraft parts. The section makes Mr. MCCAIN. Mr. President, on be- interstate or foreign commerce. This is ac- clear that other remedies, whether civil or half of Senator DORGAN, I send an complished by making it a crime to falsify criminal, are not preempted by the Act and amendment to the desk. or conceal any material fact, to make any may continue to be enforced. In particular, The PRESIDING OFFICER. The materially fraudulent representation, or to the Act is not intended to alter the jurisdic- clerk will report. use any materially false documentation or tion of the U.S. Customs Service, which is The legislative clerk read as follows: electronic communication concerning any generally responsible for enforcing the laws The Senator from Arizona [Mr. MCCAIN], aircraft or spacecraft part, or to attempt to governing importation of goods into the for Mr. DORGAN, proposes an amendment do so. United States. numbered 2240. The three provisions, overlap to some ex- Proposed subsection (f) deals with the ter- tent but each focuses upon a different aspect ritorial scope of the Act. To rebut the gen- Mr. MCCAIN. Mr. President, I ask of the problem to provide investigators and eral presumption against the extraterritorial unanimous consent that reading of the prosecutors with necessary flexibility. All effect of U.S. criminal laws, this section pro- amendment be dispensed with. are specific intent crimes; that is, all require vides that the Act will apply to conduct oc- The PRESIDING OFFICER. Without the accused to act with knowledge, or reason curring both in the United States and be- objection, it is so ordered. to know, of his fraudulent activity. yond U.S. borders. Clearly the U.S. will The amendment is as follows: Proposed subsection (b) prescribes the apply the law to conduct occurring outside At the appropriate place, insert the fol- maximum penalties that attach to the of- U.S. territory only when there is an impor- lowing: fenses created in Subsection (a). A three- tant U.S. interest at stake. If, however, an pronged approach is taken in order to both offender affects the safety of U.S. aircraft, SEC. PRESERVATION OF ESSENTIAL AIR SERVICE AT DOMINATED HUB AIRPORTS. demonstrate the gravity of the offenses and spacevehicles, or is a U.S. person, this sec- (a) IN GENERAL.—Subchapter II of chapter provide prosecutors and judges alike with tion would provide for subject matter juris- 417 is amended by adding at the end thereof flexibility in punishing the conduct at issue. diction even if the offense is committed the following: A basic 15-year imprisonment and $250,000 overseas. fine maximum punishment is set for all of- Subsection (g) of new section 38 authorizes ‘‘§ 41743. Preservation of basic essential air fenses created by the new section; however, administrative subpoenas to be issued in fur- service at dominated hub airports the maximum punishment may be escalated therance of the investigation of offenses ‘‘(a) IN GENERAL.—If the Secretary of if the prosecution can prove additional ag- under this section. Under this provision, the Transportation determines that extraor- gravating circumstances. If the fraud that is Attorney General or designee may issue dinary circumstances jeopardize the reliable S11940 CONGRESSIONAL RECORD — SENATE October 5, 1999 and competitive performance of essential air on this side of the Capitol. They, too, should reimburse the FAA for the di- service under this subchapter from a sub- would like an off-budget status or fire- rect costs of public-sector use of the air sidized essential air service community to wall for the Aviation Trust Fund. traffic control system. The FAA esti- and from an essential airport facility, then Let me reiterate my response to mated in 1997 that the public-sector the Secretary may require the air carrier that has more than 50 percent of the total these proposals—These proposals are costs incurred on the air traffic control annual enplanements at that essential air- dangerous and fiscally irresponsible. system is 7.5 percent. port facility to take action to enable an air They undermine the struggle to con- In 1999, a total of 15 percent of federal carrier to provide reliable and competitive trol spending, reduce taxes, and bal- aviation funding came from the Gen- essential air service to that community. Ac- ance the budget. eral Fund. Since the creation of the tion required by the Secretary under this Taking the Aviation Trust Fund off- Aviation Trust Fund, the General Fund subsection may include interline agree- budget would allow FAA spending to be subsidy for the FAA is 38 percent of all ments, ground services, subleasing of gates, exempt from all congressional budget spending. This far exceeds the 7.5 per- and the provision of any other service to fa- control mechanisms. It would provide cility necessary for the performance of satis- cent public-sector costs that FAA esti- factory essential air service to that commu- aviation with a level of protection now mated. Therefore, over the life of the nity. provided only to Social Security. Im- trust fund, the public sector has sub- ‘‘(b) ESSENTIAL AIRPORT FACILITY DE- portant spending control mechanisms sidized the cost of the private-sector FINED.—In this section, the term ‘essential such as budget caps, pay-as-you-go users of the FAA by $46 billion. airport facility’ means a large hub airport rules, and annual congressional over- Let this Congress not make the fis- (as defined in section 41731) in the contiguous sight and review would no longer cally irresponsible decision to insulate 48 states at which 1 air carrier has more than apply. aviation spending from any fiscal re- 50 percent of the total annual enplanements A firewall scenario has very similar at that airport.’’. straint imposed by future budget reso- problems. A firewall would prevent the lutions; to make aviation spending off- Mr. MCCAIN. Mr. President, I thank Appropriations Committee from reduc- limits to Congressional Appropriations Senator DORGAN for this amendment. ing trust fund spending, even if the Committees. Let us not grant aviation Senator DORGAN has been, for at least FAA was not ready to spend the money a special budgetary privilege, and 10 years I know, deeply concerned in a given year. If the Appropriations make it more difficult for future Con- about this whole issue of essential air Committee wanted to increase FAA gresses and Administrations to enact service. Although essential air service spending above the firewall, it would major reforms in airport and air traffic has increased funding, still we are not have to come from the discretionary control funding and operations. having medium-sized and small mar- spending cap, a very difficult choice Taking the Aviation Trust Funds off- kets being served as they deserve. given the tight discretionary caps budget or creating a firewall—these I thank Senator DORGAN for the through 2002. proposals are not fit to fly! amendment. These proposals would also create I yield the floor. I thank the chair- It has been agreed to by both sides. I problems in FAA management and man for yielding. don’t believe there is any further de- oversight. Both an off-budget or fire- Mr. MCCAIN. Mr. President, I thank bate. wall status would reduce management the Senator from New Mexico. The PRESIDING OFFICER. Without and oversight of the FAA by taking AMENDMENT NO. 2265 objection, the amendment is agreed to. trust fund spending out of the budget The amendment (No. 2240) was agreed (Purpose: To make available funds for Geor- process. Placing the FAA and the trust gia’s regional airport enhancement pro- to. fund on autopilot by locking-up fund- gram) The PRESIDING OFFICER. Without ing would result in fewer opportunities Mr. MCCAIN. Mr. President, I send an objection, the modified Baucus amend- to review and effect needed reforms. amendment to the desk on behalf of ment is agreed to. This is very dangerous. There would be Senator COVERDELL. The amendment (No. 1898), as modi- little leverage to induce the FAA to The PRESIDING OFFICER. The fied, was agreed to. strive for higher standards of perform- Mr. MCCAIN. Thank you, Mr. Presi- clerk will report. ance. Now is the time for more man- The legislative clerk read as follows: dent. All we have now remaining is the agement and oversight by both the Au- managers’ amendment, which will be thorizing and Appropriations com- The Senator from Arizona [Mr. MCCAIN], arriving shortly. Then I will have a re- for Mr. COVERDELL, proposes an amendment mittee, not less. numbered 2265. quest on behalf of the leader for FAA The Budget Enforcement Act and passage, and the parliamentary proce- other budget laws were created to keep Mr. MCCAIN. Mr. President, I ask dures for doing so. runaway spending in check. I oppose, unanimous consent that reading of the Mr. DOMENICI. Mr. President, I won- as we all should, budgetary changes amendment be dispensed with. der if I might use a few moments while that would make it more difficult to The PRESIDING OFFICER. Without the manager is waiting to give general control spending, weaken congressional objection, it is so ordered. observations. I am totally in favor of oversight, create a misleading federal The amendment is as follows: the bill. I just want to talk generally budget, and violate the spirit of the At the appropriate place in the Manager’s about the Airport and Airways Trust law. substitute amendment, insert the following: Fund. Some of my colleagues object to the SEC. . AVAILABILITY OF FUNDS FOR GEORGIA’S The PRESIDING OFFICER. The Sen- REGIONAL AIRPORT ENHANCEMENT building of money in the Aviation PROGRAM. ator from New Mexico is recognized. Trust Fund. They contend that all of Of the amounts made available to the Sec- Mr. DOMENICI. I thank the Chair. the revenues should be spent on airport retary of Transportation for the fiscal year Over the last several years, there has improvements. They say that all of the 2000 under section 48103 of title 49, United been a lot of talk and support on the aviation related user taxes should be States Code, funds may be available for House side for the idea of changing the dedicated to aviation, and should not Georgia’s regional airport enhancement pro- budgetary status of the Airport and be used for other spending programs, gram for the acquisition of land. Airways Trust Fund. In fact, the deficit reduction, or tax cuts. Mr. MCCAIN. Mr. President, there is House’s FAA Reauthorization bill, the On the contrary, total FAA expendi- no further debate on the amendment. so-called AIR–21, would take the Air- tures have far exceeded the resources The PRESIDING OFFICER. Without port and Airways Trust Fund off-budg- flowing into the trust fund. Since the objection, the amendment is agreed to. et. Some say the House’s real intent is trust fund was created in 1971 to 1998, The amendment (No. 2265) was agreed to create a new budgetary firewall for total expenditures have exceeded total to. aviation, similar to those created for tax revenues by more than $6 billion. Mr. MCCAIN. Mr. President, I know the highway and mass transit trust This is because the Aviation Trust of no further amendments to be offered funds under the Transportation Equity Fund resources have been supple- to S. 82 other than the managers’ pack- Act for the 21st Century (TEA–21). mented with General Revenues. The age. I’ve been hearing distant, low rum- purpose of the General Fund contribu- I ask unanimous consent that the bles from a minority of my colleagues tion is that the federal government Senate proceed to the debate and vote October 5, 1999 CONGRESSIONAL RECORD — SENATE S11941 in relation to the Robb amendment. I Very briefly, the perimeter rule is a want to simply make a philosophical further ask unanimous consent that rule enacted by statute by the Con- statement, which I made earlier but following the vote in relation to the gress of the United States which pro- will make it again. Robb amendment, the managers’ hibits flights originating from Wash- The fact that passengers, planes, par- amendment be in order, and following ington National to travel more than cels, international flight activities, its adoption, the bill be advanced to 1,250 miles and prohibits any flights planes in the air, and planes on the third reading. originating more than 1,250 miles from ground are either going to be doubling, The PRESIDING OFFICER. Is there Washington National from landing tripling, or quadrupling over the next objection? here. 10 years is obviously not now in effect Mr. WELLSTONE. Mr. President, I The General Accounting Office has but has everything to do with the fu- wonder whether I could ask my col- looked at this and has found that it is ture of what it is that our airports are league, how long will the debate be on anticompetitive. It tends to discrimi- willing to accept and what it is that the Robb amendment? nate against new entrants into the those who live around our airports are Mr. MCCAIN. According to the pre- marketplace, and it cannot be justified willing to accept. vious unanimous consent amendment, by any rational standard. To stop aviation growth, to stop there was 5 minutes for Senators As is so often the case, a page of his- aviation traffic, passengers, packages, BRYAN, WARNER, ROBB, and 5 minutes tory is more instructive than a volume new airlines, and new international for me. I don’t intend to use my 5 min- of logic. The history of this dates back flight activity is to try to stop the utes because I know that the Senator to 1986 when there was difficulty in Internet. It is something you might from Nevada can far more eloquently getting long-haul carriers to move to wish for, but it is not going to happen. state the case. Washington Dulles. At that point in In fact, it is not something we wish for Mr. WELLSTONE. I shall not object. time, the perimeter rule, which was because it is good economic activity. The PRESIDING OFFICER. Without then something like 750 miles, was put Ten million people work for the airline objection, the unanimous-consent re- into effect to force air service for long- aviation industry, and many of those quest is agreed to. haul carriers out of Dulles. As we all people work in and around the airports Mr. MCCAIN. Mr. President, I ask know, that is no longer the case. Dulles where those airplanes land and take unanimous consent that it be in order has gone to a multibillion-dollar ex- off. to ask for the yeas and nays on passage pansion and the original basis for the My only point is, we cannot expect to of the House bill. rule no longer exists. have progress in this country without The PRESIDING OFFICER. Without The effect, unfortunately, of the there being a certain inconvenience objection, it is so ordered. amendment offered by the distin- that goes along with it. We have be- Mr. MCCAIN. I now ask for the yeas guished Senator from Virginia is to come accustomed to having our cake and nays. leave that perimeter rule in place un- and eating it, too, and that is having The PRESIDING OFFICER. Is there a changed. The Senator from Arizona has our airports but then having a rel- second? recommended a compromise. He and I atively small number of flights landing There is a sufficient second. would prefer to abolish the rule in its or a slotted number, in the case of four The yeas and nays were ordered. entirety. Yielding to the reality of the of our major airports, landing, but then Mr. MCCAIN. Mr. President, there- circumstances, he has provided a com- fore, two back-to-back votes will occur the thought of others landing becomes promise to provide for 24 additional very difficult. within a short period of time, the last slots: 12 to be made available for car- in the series being final passage of the Atlanta, Newark, and many other riers that would serve outside of the large airports do not have any slots at FAA bill. perimeter; that is, beyond the 1,250 I thank all Senators for their co- all. The people who live around them miles, and 12 within the 1,250 miles. survive. They hear the noise. They do operation. This is a very important piece of leg- Before I move on to the debate on the not like it. The noise mitigation is get- islation, and I urge my colleagues to ting much better as technology im- part of Senator BRYAN, Senator ROBB, defeat it on the basis that it is anti- Senator WARNER, and myself, I will ask proves, and the safety technology, if competitive, unnecessary, and no the Congress will give the money, will that the Chair appoint Republican con- longer serves any useful purpose. ferees on this side of the aisle as fol- get even better than it is. It is vir- I reserve the remainder of my time. tually a perfect record. lows: Senators MCCAIN, STEVENS, The PRESIDING OFFICER. Who I simply make the observation that BURNS, GORTON, and LOTT; and from yields time? slots are a difficult subject. They are the Budget Committee, Senators The Senator from Arizona. very controversial because people pre- DOMENICI, GRASSLEY, and NICKLES. Mr. MCCAIN. Mr. President, in light fer quietness to noise. But in a world I hope the other side will be able to of the fact that Senator WARNER just that grows more complex in commerce, appoint conferees very shortly as well arrived and Senator ROBB has not ar- in which the standard of living is in- so that we can move forward to a con- rived, I ask unanimous consent that we creasing enormously, one cannot have ference on the bill. I understand the stand in a quorum call for approxi- the convenience of travel, the conven- Democratic leader has not decided on mately 5 minutes, and that will give ience of packages, the convenience of the conferees. But we have decided Senator WARNER time to collect his letters, the convenience of getting ours. thoughts. I suggest the absence of a around internationally, and the con- I see the Senator from Nevada. quorum. I yield the floor. The PRESIDING OFFICER. The venience of many new airplanes and ex- The PRESIDING OFFICER. Who clerk will call the roll. pect to have everything the way it was yields time? The legislative assistant proceeded 30 years ago hold until this day. The Senator from Nevada. to call the roll. I thank the Presiding Officer and the AMENDMENT NO. 2259 Mr. MCCAIN. Mr. President, I ask chairman of the committee and yield Mr. BRYAN. Mr. President, I would unanimous consent that the order for the floor. like to accommodate the distinguished the quorum call be rescinded. The PRESIDING OFFICER. Who Senator from Arizona, the chairman. The PRESIDING OFFICER. Without yields time? The Senator from Nevada would like to objection, it is so ordered. Mr. MCCAIN. Mr. President, I ask use 2 minutes of his time at this point Mr. McCAIN. I yield 3 minutes of my unanimous consent that the time be and reserve the remainder. time to the Senator from West Vir- counted against my time under a I rise in opposition to the amend- ginia, Mr. ROCKEFELLER. quorum call. ment offered by our distinguished col- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without league from Virginia. I do so because ator from West Virginia. objection, it is so ordered. The clerk the effect of his amendment would Mr. ROCKEFELLER. Mr. President, will call the roll. leave us with the perimeter rule un- each Member of the Senate will vote on The legislative assistant proceeded changed. the Robb amendment as they see fit. I to call the roll. S11942 CONGRESSIONAL RECORD — SENATE October 5, 1999 Mr. WARNER. Mr. President, I ask able. At National, consumers were rou- Robb amendment is adopted, we will be unanimous consent that the order for tinely subject to traffic gridlock, insuf- breaking our commitments. the quorum call be rescinded. ficient parking, and routine flight can- These critical decisions in the 1986 The PRESIDING OFFICER. Without cellations and delays. Dulles was an Transfer Act were made to fix both the objection, it is so ordered. isolated, underutilized airport. aircraft activity level at Reagan Na- Mr. WARNER. Mr. President, I just For years, the debate raged within tional and to set its role as a short/me- attended a ceremony at the Depart- the FAA and the surrounding commu- dium haul airport. These compromises ment of Defense, at which time the nities about the future of Reagan Na- served to insulate the airport from its President signed the authorization bill tional. Should it be improved, ex- long history of competing efforts to in- for the Armed Forces of the United panded or closed? This ongoing uncer- crease and to decrease its use. States for the year 2000. I was nec- tainty produced a situation where no Since the transfer, the Authority has essarily delayed in returning to the investments were made in National and worked to maintain the balance in floor. My colleague, Senator ROBB, ac- Dulles and service continued to dete- service between Dulles and Reagan Na- companied me, and he will be here mo- riorate. tional. The limited growth principle mentarily. We worked together on this A national commission, now known for Reagan National has been executed amendment, as we worked together on as the Holton Commission, was created by the Authority in all of its planning this project from the inception, a in 1984. It was led by former Virginia assumptions and the Master Plan. project basically to try to get National Governor Linwood Holton and former While we have all witnessed the trans- Airport and Dulles Airport into full op- Secretary of Transportation Elizabeth formation of National into a quality eration. Dole and charged with resolving the airport today, these improvements in Our aim all along has been to let longstanding controversies which terminals, the control tower and park- modernization go forward and, to the plagued both airports. The result was a ing facilities were all determined to extent we can gain support in this recommendation to transfer federal meet the needs of this airport for the Chamber, limit any increase in the ownership of the airports to a regional foreseeable future based on the con- number of flights. We do this because authority so that sorely needed capital tinuation of the high density and pe- of our concerns regarding safety, con- investments to improve safety and rimeter rules. gestion, and other factors. I say ‘‘other service could be made. These improvements, however, have factors’’ because at the time the origi- I was pleased to have participated in purposely not included an increase in nal legislation was passed whereby we the development of the 1986 legislation the number of gates for aircraft or air- defederalized these airports and al- to transfer operations of these airports craft capacity. lowed a measure of control by other to a regional authority. It was a fair Prior to the 1986 Transfer Act, while than Federal authorities, giving the compromise of the many issues which National was mired in controversy and State of Virginia, the State of Mary- had stalled any improvements at both poor service, Dulles was identified as land, and the District of Columbia a airports over the years. the region’s growth airport. Under FAA voice in these matters, it was clear The regulatory high density rule was rules and the Department of Transpor- that Congress should not micromanage placed in the statute so that neither tation’s 1981 Metropolitan Washington these two airports. the FAA nor the Authority could uni- Airports Policy, it was recognized that We went through a succession of laterally changes it. The previous pas- Dulles had the capacity for growth and events to achieve this objective, and we senger cap at Reagan National was re- a suitable environment to accommo- are here today hopefully to finalize pealed, thereby ending growth con- date this growth. this legislation—and I have already put trols, in exchange for a freeze on slots. Following enactment of the Transfer in an amendment to allow the mod- Lastly, the perimeter rule at 1,250 Act, plans, capital investments and ernization to go forward—and to do miles was established. bonding decisions made by the Author- certain other things in connection with For those interested in securing cap- ity all factored in the High Density and the board, to let the board be ap- ital investments at both airports, the Perimeter rules. pointed. transfer of these airports under a long- Mr. President, I provide this history Now we come to the question of the term lease arrangement to the Metro- on the issues which stalled improve- increased flights, and I support the politan Washington Airports Authority ments at the region’s airports in the amendment by my distinguished col- gave MWAA the power to sell bonds to 1970s and 1980s because it is important league. finance the long-overdue work. The Au- to understanding how these airports I want to cover some history. thority has sold millions of dollars in have operated so effectively over the My remarks today will focus on the bonds which has financed the new ter- past 13 years. unwise provisions included in this bill minal, rehabilitation of the existing Every one of us should ask ourselves which tear apart the perimeter and terminal, a new control tower and if the 1986 Transfer Act has met our ex- high density rules at Reagan National parking facilities at Reagan National. pectations. For me, the answer is a re- Airport. These rules have been in ef- These improvements would not have sounding yes. Long-overdue capital in- fect—either in regulation or in stat- been possible without the 1986 Transfer vestments have been made in Reagan ute—for nearly 30 years. Since 1986, Act which included the high density National and Dulles. The surrounding these rules have been a critical ingre- rule, and the perimeter rule. Limita- communities have been given an im- dient in providing for significant cap- tions on operations at National had portant voice in the management of ital investments and a balance in serv- long been in effect through FAA regu- these airports. We have seen unprece- ice among this region’s three airports— lations, but now were part of the bal- dented stability in the growth of both Dulles International, Reagan National, anced compromise in the Transfer Act. airports. Most importantly, the con- and -Washington Inter- For those who feared significant in- sumer has benefited by enhanced serv- national. creases in flight activity at National ice at Reagan National. First and foremost, I believe these and who for years had prevented any For these reasons, I have opposed an existing rules have greatly benefitted significant investments in National, increase in slots at Reagan National. the traveling public—the consumer. they were now willing to support major There is no justification for an increase Mr. President, to gain a full under- rehabilitation work at National to im- of this size. It is not recommended by standing of the severe impact these in- prove service. They were satisfied that the administration, by the airline in- creased slot changes will have on our these guarantees would ensure that dustry, by the Metropolitan Wash- regional airports, one must examine Reagan National would not become an- ington Airports Authority or by the the recent history of these three air- other ‘‘Dulles or BWI’’. consumer. ports. Citizens had received legislative as- The capital improvements made at Prior to 1986, Dulles and Reagan Na- surances that there would be no growth Reagan National since the 1986 Trans- tional were federally owned and man- at Reagan National in terms of per- fer Act have not expanded the 44 gates aged by the FAA. The level of service mitted scheduled flights beyond on the or expanded airfield capacity. All of provided at these airports was deplor- 37-per-hour-limit. Today, unless the the improvements that have been made October 5, 1999 CONGRESSIONAL RECORD — SENATE S11943 have been on the land side of the air- 1986 legislation that created the Metro- Washington metropolitan area, has port. No improvements have been made politan Washington Airports Author- analyzed data from a recent Metropoli- to accommodate increased aircraft ca- ity. Both rules were pivotal in reaching tan Washington Airport Authority re- pacity. Expanding flights at Reagan the political consensus among federal, port which shows that between 31% and National will simply ‘‘turn back the regional, state, and local interests that 53% of the 32 noise monitoring stations clock’’ at National to the days of traf- allowed for passage of the 1986 legisla- in the region have a day-night average fic gridlock, overcrowded terminal ac- tions. The rules, as codified, were de- sound level which is higher than the 65 tivity and flight delays—all to the det- signed to carefully balance the benefits decibel level that has been established riment of the traveling public. and impacts of aviation in the Wash- by the EPA and the American National This ill-advised scheme is sure to re- ington metropolitan area. The bill now Standards Institute as the threshold turn Reagan National to an airport before us would overturn more than above which any residential living is plagued by delays and inconvenience. thirty years of federal policies and incompatible. New slots will add to the This proposal threatens to overwhelm upset the balance struck in 1986. noise problem. the new facilities, just as the previous Second, the slot and perimeter rules Mr. President, I support this amend- facilities were overwhelmed. are among the most fundamental air ment because I believe Congress should Mr. President, it is completely inap- traffic management and planning tools defer to the FAA and local airport offi- propriate for Congress to act as ‘‘air- available to the Metropolitan Wash- cials on this issue. I also believe that port managers’’ to legislate new ington Airports Authority. The Wash- Congress should not be asking hun- flights. Those decisions should be made ington-Baltimore regional airport sys- dreds of thousands of local residents to by the local airport authority with di- tem plan and Reagan National Air- tolerate more aircraft noise merely to rect participation by the public in an port’s master plan both rely on the slot benefit a handful of frequent flyers and open process. Today, we will be pre- and perimeter rules. By eliminating fewer than a handful of airlines. I urge venting local decisionmaking. these tools, the bill before us would in- my colleagues to support the amend- I know that my colleagues readily appropriately override the authority ment as well. cite a recent GAO report that indicates and control vested in the Metropolitan Mr. ROBB addressed the Chair. The PRESIDING OFFICER. The jun- that new flights at Reagan National Washington Airport Authority and ior Senator from Virginia. can be accommodated. This report, would affect local land use plans. One Mr. ROBB. Mr. President, I thank my however, plainly includes an important of the main purposes of the 1986 Metro- senior colleague. He and I were away disclaimer. That disclaimer states: politan Washington Airports Authority from the Senate floor for the signing of This study did not evaluate the potential Act was to remove the federal govern- the defense authorization bill, which congestion and noise that could result from ment from the business of micro man- was the work of my colleague from Vir- an increase in operations at Reagan Na- aging the operation of National Air- ginia and the committee he chairs. I tional. Ultimately, . . . the Congress must port. The bill before us puts the federal thank him for his kind comments. balance the benefits that additional flights government right back in the business may bring to the traveling public against the Very simply, this amendment is local community’s concerns about the effect of making decisions about daily oper- about a 1986 agreement, on which the of those flights on noise, the environment, ations and local community impacts— senior Senator from Virginia and I and the area’s other major airports. issues that should be left to local deci- both worked, as well as many others. It Surely, we cannot make this impor- sion-makers. was an agreement between the Federal tant decision in a vacuum. Deter- Third, if the Washington region were Government and the local governments mining how many flights serve Reagan not served by two other airports, Dul- and the State governments involved to National simply by measuring how les and BWI, specifically designed to make sure that we addressed the seri- quickly we can clear runway space is handle the kind of long-haul commer- ous concerns that were then holding up not sound policy. cial jet operations never intended to any progress on improvements on Na- For these reasons I urge the adoption use National, then the argument that tional Airport. of the Robb amendment. the slot and perimeter rules are some- At that time, we recognized that the Mr. President, I yield the floor. how inherently ‘‘anti-competitive,’’ two airports, Dulles Airport and Ron- The PRESIDING OFFICER. The 5 might have some validity. However, be- ald Reagan Washington National Air- minutes allocated to the Senator have cause consumers have access to so port, work in tandem; they should be expired. many choices, the rules do not injure viewed as a single airport. Together, Mr. SARBANES. Mr. President, I rise competition in the Washington-Balti- they serve consumers and the Wash- in support of Senator ROBB’s amend- more region. Far from being an anemic ington region well. It was agreed that a ment to strike the exceptions to the market, the Washington-Baltimore local authority would best manage the high-density slot limit and the flight market today is one of the healthiest airports, just as all other airports perimeter rule at Reagan National Air- and most competitive markets in the across the nation. port. country. Consumers can choose be- In this particular case, if we were to I have serious concerns about in- tween three airports and a dizzying approve an increase in flights at Na- creasing the number of flights and number of flights and flight times. In- tional Airport, we would be breaking granting exemptions to the 1,250 mile deed, GAO recently reported that even that deal. We would also increase the delay and nonstop perimeter rule at Ronald if the perimeter rule were removed increase the disruption to local com- Reagan Washington National Airport. ‘‘only a limited number of passengers munities. Most importantly, we would In my judgment, the bill provisions will switch’’ from Dulles or BWI to Na- be going back on a deal—we would be creating new slots at DCA and allowing tional, underscoring my contention reneging on a deal that was made so for nonstop flights beyond the airport’s that the proposed new slots will yield the Federal Government would stay existing 1,250 mile perimeter are fun- no significant benefit to local con- out of the business of trying to micro- damentally flawed for four reasons: sumers or otherwise improve the local manage the only two airports in the first, they contravene longstanding market. area. federal policy; second, they undermine Finally, let me address the very im- I hope the Members will respect the regional airport plans and programs; portant issue of noise, which is of prin- agreement that this body, the Federal third these provisions will not have cipal concern to my constituents. Any- Government, and the State govern- any significant impact on service for one who lives in the flight path of Na- ments and the local governments en- most consumers or competition in the tional Airport knows what a serious tered into in 1986, and move to strike Washington metropolitan region; and problem aircraft noise poses to human the additional slots that are in an oth- finally the provisions will subject local health and even performing daily ac- erwise meritorious bill. residents to an unwarranted increase tivities. Citizens for the Abatement of I thank the Chair and yield the floor. in overflight noise. Aircraft Noise (CAAN), a coalition of The PRESIDING OFFICER. Does the First, the slot and perimeter rules citizens and civic associations which Senator from Virginia yield the re- have been in place for more than thirty has been working for more than 14 mainder of the time? You have 2 min- years. And they were codified in the years to reduce aircraft noise in the utes left. S11944 CONGRESSIONAL RECORD — SENATE October 5, 1999 Mr. ROBB. Unless my senior col- Landrieu Roberts Stevens from New Jersey be recognized for half Lott Rockefeller Thomas league has additional remarks or the Lugar Roth Thompson an hour, and following this half hour Senator from Arizona, I would yield McCain Santorum Thurmond we will vote on his second amendment, back. McConnell Sessions Voinovich and that be immediately followed by Mr. WARNER. I have no additional Murkowski Shelby Wyden final passage. Nickles Smith (OR) remarks. My colleague has handled it. Reid Specter Mr. LAUTENBERG. Mr. President, I Our statements are very clear. We have am not going to object. But I will try worked together now for these many NOT VOTING—2 to wrap that up in less than half an months. We did our very best on behalf Chafee Mack hour to move the process. of our State for this issue. The amendment (No. 2259) was re- Mr. MCCAIN. I thank the Senator Mr. MCCAIN. Mr. President, I yield jected. from New Jersey. the remainder of my time. Mr. MCCAIN. Mr. President, I move The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- to reconsider the vote. objection? ator from Arizona has no more time. Mr. BENNETT. I move to lay that Without objection, it is so ordered. Mr. ROBB. The Senator from Vir- motion on the table. The amendments (Nos. 2266 and 1921) ginia yields back any time remaining. The motion to lay on the table was were agreed to. (The text of the amendments is print- The PRESIDING OFFICER. The Sen- agreed to. ed in today’s RECORD under ‘‘Amend- ator from Nevada has 2 minutes 55 sec- Mr. MCCAIN. Mr. President, I suggest ments Submitted.’’) onds. the absence of a quorum. The PRESIDING OFFICER. The Mr. MCCAIN. I yield the floor. Mr. BRYAN. Mr. President, it is The PRESIDING OFFICER. Without tempting to engage my colleagues in clerk will call the roll. The legislative clerk proceeded to objection, the underlying Gorton debate, both of whom are good friends, amendment No. 1892 is agreed to. but I shall refrain from doing so, know- call the roll. Mr. MCCAIN. Mr. President, I ask The amendment (No. 1892) was agreed ing the merits of this will result in the to. rejection of this amendment; therefore, unanimous consent that the order for the quorum call be rescinded. Mr. MCCAIN. Mr. President, I ask I yield the remainder of my time. unanimous consent that no further The PRESIDING OFFICER. All time The PRESIDING OFFICER. Without objection, it is so ordered. amendments be in order. is yielded back. The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, the Sen- Under the previous order, the ques- objection, it is so ordered. ator from New Jersey, Mr. LAUTEN- tion is on agreeing to the Robb amend- Mr. MCCAIN. I yield the floor. I BERG, has inserted— ment. The yeas and nays have been or- thank the Senator from New Jersey. Mr. BYRD. Mr. President, the Senate dered. The clerk will call the roll. The PRESIDING OFFICER. The Sen- is not in order. May we have order. Excuse me. The yeas and nays have ator from New Jersey. The PRESIDING OFFICER. The Sen- not been ordered. As a courtesy to the Senator from ate will be in order. Mr. MCCAIN. I ask for the yeas and New Jersey, all those having conversa- Mr. BYRD. Mr. President, I hope the nays. tions will please take them off the Senator will forgive me. I am asking The PRESIDING OFFICER. Is there a floor. sufficient second? for order, and I am going to insist on The Senator from New Jersey. There is a sufficient second. it. I want to help the Chair to get Mr. LAUTENBERG. Mr. President, The yeas and nays were ordered. order. there is still a fair amount of commo- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- tion in the Chamber, and if I might ask ator is entitled to be heard. SMITH of Oregon). The question is on that the Chamber be in order. agreeing to the Robb amendment No. Mr. BYRD. I hope the Chair will The PRESIDING OFFICER. The Sen- 2259. The yeas and nays have been or- break that gavel so that Senators will ator is entitled to be heard. dered. The clerk will call the roll. hear him. Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER. Will the The legislative assistant called the hate to talk above the din, but I will Senators in the well holding conversa- roll. take the liberty of doing so if that tions please take them out. Mr. NICKLES. I announce that the competition continues to exist. I thank the Senator from West Vir- Senator from Rhode Island (Mr. Mr. BYRD. Mr. President, there is no ginia. CHAFEE) and the Senator from Florida reason the Senator from New Jersey Mr. BYRD. I thank the Chair. (Mr. MACK) are necessarily absent. has to insist on order. I ask that the The result was announced—yeas 37, AMENDMENTS NOS. 2266 AND 1921 Chair get order in the Senate. nays 61, as follows: (Purpose: To make technical changes and The PRESIDING OFFICER. If each other modifications to the substitute [Rollcall Vote No. 310 Leg.] Senator holding a conversation could amendment.) give the Senator from New Jersey their YEAS—37 (Purpose: To improve the safety of animals attention or take the conversation out Bayh Hollings Moynihan transported on aircraft, and for other pur- of the Chamber, it would be appre- Biden Hutchison Murray poses) Collins Inouye Reed ciated. Conrad Jeffords Robb Mr. MCCAIN. Mr. President, the Sen- The Senator from New Jersey. Daschle Johnson Sarbanes ator from New Jersey has insisted on Mr. LAUTENBERG. I thank the DeWine Kennedy Schumer his rights, which he has as a Senator, keeper of sanity in the Senate, the dis- Dodd Kerry Smith (NH) Dorgan Lautenberg Snowe to propose an amendment, for which he tinguished Senator from West Virginia, Durbin Leahy Torricelli seeks half an hour of discussion, fol- for his ever available courtesy. Edwards Levin Warner lowed by a vote on his amendment. He AMENDMENT NO. 1922 Fitzgerald Lieberman Wellstone has another amendment which he has Graham Lincoln (Purpose: To state requirements applicable Gregg Mikulski agreed to include in the managers’ to air carriers that bump passengers invol- package, which is agreeable to both untarily) NAYS—61 sides. Mr. LAUTENBERG. Mr. President, I Abraham Burns Gorton I ask unanimous consent that the Akaka Byrd Gramm send an amendment to the desk. Allard Campbell Grams Lautenberg amendment No. 1921 con- The PRESIDING OFFICER. The Ashcroft Cleland Grassley cerning pets be included in the man- clerk will report. Baucus Cochran Hagel agers’ package and that the package be The legislative clerk read as follows: Bennett Coverdell Harkin Bingaman Craig Hatch accepted at this time. The Senator from New Jersey (Mr. LAU- Bond Crapo Helms The PRESIDING OFFICER. Is there TENBERG) proposes an amendment numbered Boxer Domenici Hutchinson objection? 1922. Breaux Enzi Inhofe Mr. McCAIN. I add to that unani- Mr. LAUTENBERG. Mr. President, I Brownback Feingold Kerrey Bryan Feinstein Kohl mous consent request that imme- ask unanimous consent that reading of Bunning Frist Kyl diately following that, the Senator the amendment be dispensed with. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11945 The PRESIDING OFFICER. Without Mr. LAUTENBERG. Mr. President, I The airlines ought not to be able to objection, it is so ordered. first want to thank the managers of act as an elitist business. They have to The amendment is as follows: the bill and acknowledge their hard treat their customers with respect, just At the end of title IV, insert the following work. The distinguished Senator from as any other seller of services or prod- new section: Arizona and the distinguished Senator ucts would have to do. They are the SEC. 454. REQUIREMENTS APPLICABLE TO AIR from West Virginia have performed an only business I know of that delib- CARRIERS THAT BUMP PASSENGERS extremely arduous task to get this bill erately oversells their products. INVOLUNTARILY. to the place that it is. I don’t enjoy Can you imagine, if you go to your (a) IN GENERAL.—If an air carrier denies a holding the work back. I don’t think I doctor and you have an appointment, it passenger, without the consent of the pas- is urgent that you see him, and you get senger, transportation on a scheduled flight am doing that. By some quirk in the for which the passenger has made a reserva- process, our amendment was not of- bumped because someone else took tion and paid— fered at an earlier time because of a your place; or you go to buy furniture, (1) the air carrier shall provide the pas- procedural mixup. I thank them. I com- you paid for it, for 3 months you want senger with a one-page summary of the pas- mend them for their understanding. I to go down and see the final product, senger’s rights to transportation, services, know they want to see this bill get into and they say, sorry, someone else took compensation, and other benefits resulting law. It is very important that we do. your place. from the denial of transportation; I offer an amendment on an issue The airlines have a unique position. (2) the passenger may select comparable that is, unfortunately, becoming more They also are users of a commodity transportation (as defined by the air carrier), that belongs to the American people; with accommodations if needed, or a cash re- and more of a problem for American fund; and travelers. That is the experience of re- that is, our airspace. They use our air- (3) the air carrier shall provide the pas- serve paid passengers being bumped ports that are paid for by others. They senger with cash or a voucher in the amount from overbooked airline flights. have lots of community services that that is equal to the value of the ticket. I have talked to Members, and I accompany this process of handling (b) DELAYS IN ARRIVALS.—If, by reason of a speak from direct personal experience passengers. When people hold a valid denial of transportation covered by sub- where airlines said: Sorry, seats are ticket to a sporting event or a concert, section (a), a passenger’s arrival at the pas- filled—even though you have arrived they know when they get there they senger’s destination is delayed— on time, paid for your reservation— are going to have a seat. They deserve (1) by more than 2 hours after the regularly schedule arrival time for the original flight, that is life, and we are sorry, and you the same assurances when they try to but less than 4 hours after that time, then can get there by going first to Boston, fly. the air carrier shall provide the passenger or Cincinnati, or what have you. Current practices don’t go far with cash or an airline voucher in the Our skies are more crowded than enough. There are regulations, but amount equal to twice the value of the tick- ever. People need to move quickly be- they don’t have the teeth to get the et; or tween different cities to do business airlines to respect passengers who hold (2) for more than 4 hours after the regu- and also to attend to a wide variety of paid for and reserved tickets. The regu- larly schedule arrival time for the original personal functions. As this need has lations are out of date. They don’t pro- flight, then the air carrier shall provide the grown, people who fly find themselves vide incentives for the airlines to pay passenger with cash or an airline voucher in increasingly at the mercy of the air- attention to this overbooking problem. the amount equal to 3 times the value of the ticket. lines. The airlines are not quite as user The amount of compensation has not (c) DELAYS IN DEPARTURES.—If the earliest friendly as they used to be when they been increased for those who are transportation offered by an air carrier to a were scraping to get the revenues and bumped since the early 1980s. The dol- passenger denied transportation as described the profits. They do not always treat lar amounts are not enough to have in subsection (a) is on a day after the day of their customers as they should. any impact on the airlines and their the scheduled flight on which the passenger They are pretty good. I give them decisions to overbook flights. has reserved and paid for seating, then the credit. But in 1998, almost 45,000 cus- I do not want to see them flying with air carrier shall pay the passenger the tomers—44,797, to be precise—were empty seats. I do not think that is a amount equal to the greater of— bumped from domestic flights on the 10 good idea. People ought not to take ad- (1) $1,000; or (2) 3 times the value of the ticket. largest carriers; 45,000 people to whom vantage and make two, three, and four (d) RELATIONSHIP OF BENEFITS.— word was given, well, you have lost reservations and then do not show up. (1) GENERAL AND DELAY BENEFITS.—Benefits your seat, and maybe you can get to But the airlines are smart enough to due a passenger under subsection (b) or (c) your business appointment tomorrow; figure out a different way to do it. Per- are in addition to benefits due a passenger maybe you can miss the flight you haps they will have to have some kind under subsection (a) with respect to the were going to take to India; or maybe of a deposit on a reservation that is same denial of transportation. the funeral that was going to be held honored as part of the cost of the tick- (2) DELAY BENEFITS.—A passenger may not that you were going to attend can be et. If not, then it becomes a reminder receive benefits under both subsection (b) held over for a couple of days until you to the passenger, as well as to the air- and subsection (c) with respect to the same denial of transportation. A passenger eligible get there. line, as well as a benefit to the airline, for benefits under both subsections shall re- Mr. President, it is not pleasant news that they lost their seat. ceive the greater benefit payable under those when it happens. This year, the num- While there are regulations now, we subsections. bers have increased. For the first 6 need to make this a matter of statu- (e) CIVIL PENALTY.—An air carrier that months, 29,213 customers have been in- tory law so the airlines step up to this fails to provide a summary of passenger’s voluntarily bumped. If the trend con- serious issue. The Senate needs to send rights to one or more passengers on a flight tinues, this year over 58,000 people a strong message to the airlines that it when required to do so under subsection could be involuntarily bumped—paid cannot treat our constituents as sec- (a)(1) shall pay the Federal Aviation Admin- for, reserved, and just not able to get ond-class citizens when they fly. We istration a civil penalty in the amount of $1,000. on the airplane. need to put strong measures into law (f) DEFINITIONS.—In this section: People with a paid reservation have a to protect consumers, and that is what (1) AIRLINE TICKET.—The term ‘‘airline right to expect a seat on the flight this amendment does. ticket’’ includes any electronic verification they booked. But too often they dis- Very simply, my amendment is not of a reservation that is issued by the airline cover that having a ticket doesn’t out to get the airlines. It is to make in place of a ticket. mean much when they get to the gate. sure that people are treated fairly, and (2) VALUE.—The term ‘‘value’’, with respect For the first half of the year, the we are going to have a chance to see to an airline ticket, means the value of the number of people bumped from airlines whether my colleagues agree with me. remaining unused portion of the airline tick- has increased. Nothing ruins a business My amendment will make the air- et on the scheduled flight. trip or a vacation more thoroughly lines act more responsibly by allowing (3) WITHOUT CONSENT OF THE PASSENGER.— The term ‘‘without consent of the pas- than being bumped from a flight. It is travelers who are bumped from a flight senger’’, with respect to a denial of transpor- sometimes impossible to make up for to first choose between alternative tation to a passenger means a passenger, is the lost hours and the frustration of re- travel plans or receiving a full refund. denied transportation under subsection (a) arranging longstanding business or per- Every traveler who is bumped will re- for reasons other than weather or safety. sonal plans. ceive cash or a travel voucher at least S11946 CONGRESSIONAL RECORD — SENATE October 5, 1999 equal to the amount they paid for the if it is 4 hours late, such and such pen- of H.R. 1000. Finally, I ask consent that flight. The amount of compensation alty. It goes on. Sometimes it is three following the vote, S. 82 be placed back would increase based on how long the times the value of the ticket—it just on the calendar. person is delayed from his or her des- depends for what it might be. The PRESIDING OFFICER. Is there tination. In other words, it is precisely the op- objection? Without objection, it is so If a passenger is delayed more than 2 posite of what we approached the air- ordered. hours, he or she would receive 200 per- lines to negotiate with in a very hard The question is on agreeing to the cent of the value of his or her ticket. If fashion. For example, they are going to Lautenberg amendment. a passenger cannot depart that day, have to reply to us on notification of Mr. LAUTENBERG. I ask for the then he or she would receive 300 per- known delays, cancellations, diver- yeas and nays. cent of the value of the ticket, or sions, and a lot of other subjects, and The PRESIDING OFFICER. Is there a $1,000, whichever is greater. This will they are going to have to do it within sufficient second? remind the airlines they have, after all, a prescribed amount of time, to which There appears to be a sufficient sec- already sold that seat. They have al- they have agreed. ond. ready gotten the income from that We are going to increase penalties for The yeas and nays were ordered. consumer violations under which this seat. The PRESIDING OFFICER. The My amendment would also require amendment falls. I say to the Senator, question is on agreeing to amendment the airlines to disclose these rights to I do not have any problem with him No. 1922. The yeas and nays have been passengers in a one-page, simple-lan- putting forward the purpose of his ordered. The clerk will call the roll. guage summary. The burden should not amendment. I do have a problem and Mr. NICKLES. I announce that the be on the customer to read up on the urge my colleagues to have a problem Senator from Florida (Mr. MACK) and latest Federal regulation or law to with prescribing exactly how much the Senator from Rhode Island (Mr. know their rights. would be paid according to which num- CHAFEE) are necessarily absent. My goal is not to sponsor a ticket ber of hours and how long the delay giveaway. The goal is to hold the air- was. That is what we have tried to The result was announced—yeas 30, lines accountable when they put profits avoid. nays 68, as follows: ahead of respect and service for their The Senator, from the beginning, has [Rollcall Vote No. 311 Leg.] customers. not been for that approach, but that YEAS—30 I will cut short my presentation. I approach is what we have agreed to Baucus Hollings Lincoln ask my colleagues to recognize on what with the airlines. I ask the Senator if Boxer Jeffords Mikulski we are voting. We are voting on wheth- he will be willing to take out on page Bryan Johnson Moynihan Byrd Kennedy Reed er or not a passenger who gets bumped 2, from line 9 through page 3, line 6—if Cleland Kerrey Sarbanes is entitled to compensation for being he will be willing to modify his amend- Conrad Kerry Snowe refused that flight or whether we are ment to that extent? Dodd Lautenberg Specter Feingold Leahy Torricelli C going to protect the airline’s ability to Mr. M CAIN. Mr. President, I believe Feinstein Levin Wellstone continue to sell more than one person under the unanimous consent agree- Harkin Lieberman Wyden the same seat and hope they will be ment, it is now time for the vote on the NAYS—68 able to get away with it. Lautenberg amendment. That, Mr. President, concludes my Mr. LAUTENBERG. Mr. President, I Abraham Durbin McCain Akaka Edwards McConnell comments. agree with the exception of one thing Allard Enzi Murkowski The PRESIDING OFFICER. The Sen- that happened I am sure was inad- Ashcroft Fitzgerald Murray ator from Nevada. vertent. As I understood it, the unani- Bayh Frist Nickles Bennett Gorton Reid Mr. REID. Mr. President, I see the mous consent agreement did not call Biden Graham Robb majority leader on the floor. It is the for rebuttal in any way. Since the dis- Bingaman Gramm Roberts intention of the two leaders to finish tinguished Senator from West Virginia Bond Grams Rockefeller debate on this, have a vote on this chose to rebut, I would like to make a Breaux Grassley Roth Brownback Gregg Santorum amendment, and then have final pas- couple of sentences to respond to that, Bunning Hagel Schumer sage by voice vote. and I assume there will be no objec- Burns Hatch Sessions Mr. MCCAIN. I ask unanimous con- tion. Campbell Helms Shelby sent to vitiate the yeas and nays. The PRESIDING OFFICER. The Sen- Cochran Hutchinson Smith (NH) Collins Hutchison Smith (OR) Mr. LAUTENBERG. I object. ator is correct. Is there objection? The Coverdell Inhofe Stevens Mr. MCCAIN. On final passage. Senator from New Jersey is recognized. Craig Inouye Thomas Mr. LAUTENBERG. No objection. Mr. LAUTENBERG. Mr. President, Crapo Kohl Thompson Daschle Kyl Thurmond The PRESIDING OFFICER. Without GAO has reviewed voluntary customer DeWine Landrieu Voinovich objection, it is so ordered. service plans and the GAO concluded Domenici Lott Warner The question is on agreeing to the many of the new measures that the air- Dorgan Lugar Lautenberg amendment. lines volunteered to do were already re- NOT VOTING—2 The Senator from West Virginia. quired in law or regulation. The prob- Chafee Mack Mr. ROCKEFELLER. Mr. President, I lem is the voluntary customer service want to speak a moment to my col- plan says nothing on the topic of invol- The amendment (No. 1922) was re- leagues. The Senator from New Jersey untary bumping. Whatever there is al- jected. has indicated he wants to send a strong ready on the books does not do it. Mr. ROCKEFELLER. Mr. President, I message to the airlines. I do, too. In I hope my colleagues will support move to reconsider the vote and move fact, over a period of a number of this reminder to the airlines that they to lay that motion on the table. months, a number of us have nego- have to take better care of the pas- The motion to lay on the table was tiated a strong message. What we did sengers. agreed to. not do, however, is prescribe exactly The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President, I rise to what it was that would take place with ator from Arizona. recognize the importance of today’s each and every one of the problems. We Mr. MCCAIN. Mr. President, fol- passage of S. 82, the Federal Aviation forced them to report to us through the lowing the Lautenberg vote, I ask Administration Reauthorization bill. Department of Transportation with the unanimous consent that H.R. 1000 be Today is a great day for rural Amer- inspector general monitoring and discharged from the Commerce Com- ica’s air passengers. This legislation, watching. mittee, that the Senate proceed to its now known as the Air Transportation I have no objection to part of what is immediate consideration, all after the Improvement Act of 1999, will bring in this amendment, but what the Sen- enacting clause be stricken, the text of much needed air service to under ator from New Jersey gets into is the S. 82, as amended, be inserted in lieu served communities throughout the most careful kind of mandating: If it is thereof, the bill be read a third time, Nation. It will grant billions of dollars more than 2 hours late, such and such; and a voice vote then occur on passage in federal funds to our Nation’s small October 5, 1999 CONGRESSIONAL RECORD — SENATE S11947 airports for upgrades, through the Air- airports. This is essential to aviation recently leading the way on another port Improvements Program (AIP). safety and economic growth. aviation bill that allowed the FAA to Senator MCCAIN, Chairman of the S. 82, through the Gorton-Rockefeller release FY99 funds for airport con- Committee on Commerce, Science and amendment, begins the process of eval- struction projects. Finally, I would Transportation, is to be commended for uating current Air Traffic Control like to thank all of my colleagues for his superb leadership on this complex (ATC) management problems and im- their willingness to allow timely Sen- and contentious measure. Together plements initial change to begin to ad- ate consideration of this must-pass leg- with Senator HOLLINGS, their joint ef- dress these problems. I hope the Gor- islation. forts moved this bill through the com- ton/Rockefeller amendment will be a If it seems like the Senate has al- mittee, to the Senate floor, and to con- starting point for an intensive review ready considered legislation bill to au- ference. of the ATC system next year. The thorize programs at the Federal Avia- Also, Senator SLADE GORTON’s lead- delays experienced this past summer tion Administration (FAA) including ership role in this legislation was vital. will return until a long-term solution the Airport Improvement Program My friend and Colleague from the State to the Nation’s ATC problems is imple- (AIP), that is because it has. More than of Washington proved himself pivotal mented. a year ago, the Senate passed S. 2279, earlier during S. 82 floor consideration. Once my Colleagues initiate ATC re- the Wendell H. Ford National Air His counterpart, Senator JAY ROCKE- view, I encourage them to include all Transportation System Improvement FELLER, should also be commended for relevant stakeholders in this issue in- Act. Although there was overwhelming his efforts to move this bill forward. cluding officials from the general avia- support for this legislation in the Sen- Rural Americans are the biggest win- tion community, Department of De- ate last year, House and Senate nego- ners with the passage of S. 82. Citizens fense, commercial airlines industry, tiators could not agree on a multi-year of under served communities will no and airports. Likewise, I hope the Sen- FAA authorization bill. In October of longer have to travel hundreds of miles ate will review other models of air traf- last year, Congress passed a six-month and several hours to board a plane. fic management, such as Nav Canada authorization of the FAA instead. The This legislation gives incentives to do- and others to examine ways that other FAA has been operating under short- mestic air carriers and its affiliates to countries are addressing this matter. term extensions ever since. reach out to these people and serve No legislative initiation is ever pos- Mr. President, this is no way to fund them conveniently near their homes. sible without the dedicated efforts of the FAA. Short-term extension after Many Americans will be able to travel staff, and I want to take a moment to short-term extension disrupts long- a reasonable distance to gain access to identify those who worked hard to pre- term planning at the FAA and at air- our Nation’s skies and, from there, pare S. 82 for consideration by the full ports around the country that rely on anywhere they wish to go. Senate. federal funds to improve their facilities I also applaud the hard work of Sen- From the Senate Committee on Com- and enhance aviation safety. Perhaps ator FRIST of Tennessee. He added pro- merce, Science and Transportation: the only thing worse than passing a visions to S. 82 to expand small com- Marti Allbright; Lloyd Ator; Mark short-term extension is allowing the munity air service. His dedicated ef- Buse; Ann Choiniere; Julia Kraus; Mi- AIP program to lapse all together. Un- forts ensured that under served cities chael Reynolds; Ivan Schlager; Scott fortunately, that is exactly what Con- like Knoxville, Chattanooga and Bris- Verstandig; and Sam Whitehorn. gress did before the August recess when tol/Johnson are now in a position to re- The following staff also participated the House failed to pass a 60-day exten- ceive additional or expanded air serv- on behalf of their Senators: David sion previously approved by the Sen- ice. Likewise, his efforts will ensure Broome; Steve Browning; Jeanne ate. Almost two months later, Con- that several under served regions in my Bumpus; John Conrad; Brett Hale; gress passed a bill authorizing the FAA home state of Mississippi, such as Gulf- Amy Henderson; Ann Loomis; Randal to release $290 million for airport con- port-Biloxi, Tupelo, or Jackson, will Popelka; Jim Sartucci; and Lori struction projects just before the funds become eligible to compete for more Sharpe. were set to expire at end of the fiscal flights. These individuals worked very hard year. The major policy changes in S. 82 led on S. 82, and the Senate owes them a Airports around the country came to hard fought, but honest disagree- debt of gratitude for their dedicated within one day of losing federal funds ments. I have enormous respect for the service to this legislation. they need for construction projects. efforts of Senators JOHN WARNER and Mr. President, our Nation’s small The numerous short-term extensions CHARLES GRASSLEY as they diligently communities are a step closer to re- could have been avoided if Congress advocated for their constituents and ceiving long-sought air service. Also, would have simply passed a multi-year their respective states. This honest de- America’s smaller, yet important air- FAA preauthorization bill. We had our bate and willingness to work together strips and airports will be enhanced. chance last year, and we have had more to achieve common goals is what This is good for all Americans. than enough time to carry out that re- makes it exciting to serve in the Mr. DASCHLE. Mr. President, I sponsibility this year. The Senate . would like to voice my support for S. Commerce Committee approved S. 82, Throughout the last twelve months, 82, the Air Transportation Improve- the Air Transportation Improvement my home state of Mississippi has re- ment Act. I would also like to take this Act of 1999 on February 11—almost ceived federal support from the AIP to opportunity to commend Senator eight months ago. As my colleagues make needed physical improvements. A MCCAIN, the Chairman of the Senate know, this legislation is almost iden- portion of these funds went to the Me- Commerce Committee, and Senator tical to S. 2279, the Wendell H. Ford ridian Airport Authority to rehabili- HOLLINGS, the Ranking Member of that National Air Transportation System tate the taxiway pavement. Other committee, for their leadership and Improvement Act. funds were allocated to the John C. their willingness to accommodate With the amendment offered by the Stennis International Airport in Han- many of our colleagues who raised con- managers of the bill, S. 82 would au- cock County to extend and light exist- cerns about various provisions in the thorize programs at the FAA including ing taxiways. These enhancements are bill. the AIP program through FY02. Spe- needed. And this bill will ensure that I would also like to thank Senator cifically, it would provide more than the AIP will continue uninterrupted GORTON, the Chairman of the Aviation $2.4 billion a year for airport construc- for the next three years. AIP’s reau- Subcommittee, and Senator ROCKE- tion projects and more than $2 billion a thorization within S. 82 will allow Mis- FELLER, the Ranking Member of that year for facilities and equipment up- sissippi to continue to receive funds for committee. They truly have been tire- grades. It would also provide between essential enhancements for the upcom- less advocates for improving aviation $5.8 billion and $6.3 billion for the ing year. I look forward to working safety, security and system capacity. I FAA’s operations in FY00 through with the airport authorities in my would also like to thank the Majority FY02. home state to make sure that the right Leader, Senator LOTT, for the coopera- S. 82 includes a number of provisions improvements are made at the right tion he has shown on this bill and for to encourage competition among the S11948 CONGRESSIONAL RECORD — SENATE October 5, 1999 airlines and quality air service for bility for funding and modernizing the the O’Hare elements of the Gorton communities. For instance, it would ATC system. It would also create pub- Amendment are solid and would be an authorize $80 million for a four-year lic-private joint ventures to purchase excellent position for the Senate to pilot program to improve commercial air traffic control equipment. Under push for, given that the House has pro- air service in small communities that their proposal, FAA seed money would posed to eliminate slots at O’Hare. have not benefitted from deregulation. be leveraged with money from the air- We need a two-step elimination of Specifically, the bill calls for the es- ports and airlines to purchase and field the slot rule to provide time for miti- tablishment of an Office of Small Com- ATC modernization equipment more gation against the adverse effects of munity Air Service Development at the quickly. Although more may need to be the rule. These include: the need to Department of Transportation (DoT) to done to improve the ATC system in the provide for improved turboprop service work with local communities, states, future, I think the plans announced by for our small cities, the need to provide airports and air carriers and develop Administrator Harvey and the amend- for regional jets for our mid-sized cit- public-private partnerships that bring ment offered by Senators ROCKEFELLER ies, the need to provide for balance be- commercial air service including re- and GORTON are steps in the right di- tween the major carriers and we need gional jet service to small commu- rection. an ability to provide for new entrant nities. Mr. President, I know some of our carriers to competitively compete. I I have often commented about how colleagues oppose provisions in that am pleased that Senator GRASSLEY is critical the Essential Air Service Pro- bill that would increase the number of expected to be a conferee on the entire gram has been to small communities in flights at the four slot-controlled air- measure. South Dakota and around the country ports. The proposal to increase the to retain air service. Although the number of flights at Ronald Reagan Mr. GRASSLEY. Mr. President, I Small Community Aviation Develop- Washington National Airport has been agree with the remarks of my fellow ment Program would not provide a particularly controversial, and I would Senator from Iowa. We need to elimi- similar per passenger subsidy, it would like to commend Senator ROBB for nate the slot rule which is detrimental give DoT the authority to provide up being a strong advocate for his con- to the air service for cities in Iowa and to $500,000 per year to as many as 40 stituents in Northern Virginia. Al- throughout the Midwest. But, the communities that participate in the though the amendment offered by the elimination of slots does need to be program and agree to pay 25 percent in managers of the bill would reduce the done in the proper way. Otherwise the matching funds. In addition, the legis- increase from 48 to 24 new flights into major carriers will absorb all of the ca- lation would establish an air traffic Ronald Reagan Washington National pacity of the airport, not [providing control service pilot program that Airport, I understand from Senator sufficient service for small and medium would allow up to 20 small commu- ROBB that many Virginians continue to sized cities. We need to provide for nities to share in the cost of building find that increase objectionable. I service by new entrant carriers that contract control towers. I am hopeful know my distinguished colleague from can provide for real competition on the that South Dakota will have the oppor- Virginia will continue to make persua- price of tickets, increased ability to tunity to participate in the Small sive arguments against the increase, provide for turboprops so our smaller Community Aviation Development and I look forward to that debate. cities can have proper service, and re- Program. Although there may be different pro- gional jets for improved service to mid Mr. President, some have suggested visions in this bill that each of us of sized cities. While I am pleased with that we should use S. 82 as a vehicle to may find objectionable, I hope my col- the action by the House, I do believe reform the air traffic control (ATC) leagues will join me in supporting S. that it is important that the conferees system. Due to a number of factors, in- 82, the Air Transportation Improve- support the content of the original cluding bad weather, flight delays ment Act. We simply cannot continue Gorton proposal. reached record levels this summer. to fund the FAA and the AIP program Mr. MCCAIN. Mr. President, I do Last month, Senator ROCKEFELLER with short-term extensions. It is unfair agree with the comments of both Sen- noted on the Senate floor that air traf- to the FAA, and it is unfair to airports ators from Iowa about the need to fic control delays increased by 19 per- in South Dakota and throughout the eliminate the slot rule in two phases at cent from January to July of this year country. I encourage my colleagues to O’Hare. As I stated this morning, I am and by 36 percent from May to June support S. 82, the Air Transportation a supporter of the Gorton slot amend- when compared to the same time peri- Improvement Act. ment before its modification by Sen- ods last year. The Air Transport Asso- Mr. GRASSLEY. I have filed an ator FITZGERALD. I intend to do what I ciation estimates that the cost of air amendment dealing with child exploi- can to have the conference report on traffic control delays is $4.1 billion an- tation which I will not press at this the bill contain the provisions of that nually. time. However, during the conference measure regarding O’Hare which I be- The Administrator of the FAA, Jane on the FAA bill, I intend to pursue the lieve is good policy. Harvey, recently announced a number matter further. It is my understanding Providing for a 40 month first phase of short-term plans to reduce air traffic that Senator MCCAIN will be willing to during which regional jets and turbo- control delays. Ensuring aviation safe- entertain soon an amendment during prop aircraft to airports with under ty must always be the FAA’s top pri- conference. Is that correct? two million enplanements, as well as ority. But I think Administrator Har- Mr. MCCAIN. That is correct. vey should be commended for working Mr. HARKIN. Mr. President, the Sen- exemption of new entrant carriers, all with the airlines to determine ways to ate struck the portion of the Gorton under the limitations set out in the reduce air traffic control delays while slots amendment concerning O’Hare original amendment would be exempt maintaining the FAA’s commitment to Airport and inserted a portion of the from the slot rule is crucial. These are safety. Although these short-term im- language that had appeared in last key elements of a first phase in the provements may help reduce flight years measure. I understand that was elimination of slots at O’Hare. I will delays, Administrator Harvey and Sec- not done because the Chairman and also support the increased service pro- retary of Transportation, Rodney Senator ROCKEFELLER supported the visions that allow for improved service Slater, insist that more must be done substance of the change. I understand in conference. to modernize the AT for the long-term. there was a concern with the filing of Mr. ROCKEFELLER. Mr. President, I Last week, Senators ROCKEFELLER over 300 amendments on the issue. It fully agree with Senators HARKIN and and GORTON introduced a bill with a was clear that we would have had dif- GRASSLEY and Chairman MCCAIN. It is package of ATC improvements, and I ficulty finishing the bill if the Senate very important that service to small am pleased that they plan to offer this was forced to consider those amend- and mid-sized cities be improved. I be- proposal as an amendment to Air ments. Now we can move this measure lieve that the Gorton slot provisions as Transportation Improvement Act. to conference. I am hopeful that we originally proposed was good policy Their proposal would create a Chief Op- will see the slot rule eliminated in two that I intend to support in conference. erating Officer position with responsi- phases in the conference. I believe that Both Senators HARKIN and GRASSLEY October 5, 1999 CONGRESSIONAL RECORD — SENATE S11949 have worked hard toward the develop- SUCCESSFUL INTERCEPT TEST OF Scud C. According to the summary of ment of the slot amendment con- THE NATIONAL MISSILE DE- the National Intelligence Estimate, cerning O’Hare and the - FENSE SYSTEM Iran is receiving technical assistance ports and their interest is well noted Mr. COCHRAN. Mr. President, I am from Russia, and North Korea from and I intend to do what I can in con- sure that by now Senators have heard China. ference to provide for a mechanism the news that this past weekend a key These disturbing trends suggest the ballistic missile threat—both to our along the lines that they proposed be element of our national missile defense forces deployed overseas and to our agreed to in the conference. system was successfully tested when a homeland—continue to increase, and it The PRESIDING OFFICER (Mr. self-guided vehicle intercepted and de- makes the recent successes all the BROWNBACK). The question is on the en- stroyed an intercontinental ballistic more important. I congratulate the grossment and third reading of the bill. missile in outer space some 140 miles Army, the Ballistic Missile Defense Or- The bill was ordered to be engrossed above the Pacific Ocean. ganization, and the contractor teams for a third reading and was read the This test was another in a string of third time. on their successes. successes of our new missile defense Saturday’s success does not mean all The PRESIDING OFFICER. Under technology. The test last Saturday the previous order, the clerk will re- the technical problems in our missile evening follows two consecutive suc- defense programs are solved, but the port H.R. 1000 by title. cessful intercepts each for the PAC–3 The legislative clerk read as follows: successful intercepts do confirm that and THAAD theater missile defense the test programs are proving the tech- A bill (H.R. 1000) to amend title 49, United systems. States Code, to reauthorize programs of the nology of missile defense is maturing The timing of this good news is fortu- and that, with the appropriate re- Federal Aviation Administration, and for nate, coming as it does a few weeks other purposes. sources, the talented men and women after our intelligence community re- The Senate proceeded to consider the in our military and defense industries leased an unclassified summary of a who are working on these programs are bill. new intelligence estimate which shows The PRESIDING OFFICER. Under making very impressive progress on both theater and long-range ballistic the development of workable theater the previous order, all after the enact- missile threats continue to grow. That ing clause of H.R. 1000 is stricken and and national missile defense systems. summary states: We should be very pleased with these the text of S. 82, as amended, is in- The proliferation of [Medium Range Bal- successes and continue to support a ro- serted in lieu thereof. The question is listic Missiles]—driven primarily by North bust missile defense program. on third reading of the bill. Korean No-Dong sales—has created an imme- I yield the floor. The amendment was ordered to be diate, serious, and growing threat to U.S. f engrossed and the bill to be read a forces, interests and allies in the Middle East third time. and Asia and has significantly altered the MILLENNIUM DIGITAL COMMERCE The bill (H.R. 1000), as amended, was strategic balances in those regions. ACT ordered to a third reading and was read Our new theater missile defense sys- Mr. ABRAHAM. Mr. President, I won- the third time. tems such as PAC–3, THAAD, and the der if the Chairman of the Banking The PRESIDING OFFICER. The bill airborne laser, and the Navy’s area and Committee, Senator GRAMM, would having been read the third time, the theaterwide systems will help redress agree to a short colloquy with respect question is, Shall the bill pass? those balances and ensure the security to the issues we are currently address- The bill (H.R. 1000), as amended, was of our forces and our allies. ing in S. 761, the Millennium Digital passed, as follows: The summary of the new intelligence Commerce Act. (The bill will be printed in a future estimate also discloses that new ICBM Mr. GRAMM. I am pleased to discuss edition of the RECORD.) threats to the territory of the United this legislation with my colleague from The PRESIDING OFFICER. S. 82 is States could appear in a few years and Michigan. returned to the calendar. that those threats may be more sophis- Mr. ABRAHAM. It is my under- Mr. ROCKEFELLER. Mr. President, I ticated than previously estimated. The standing that the Banking Committee thank the Presiding Officer. I want to summary states: is currently reviewing this legislation thank some folks because this is im- Russia and China each have developed nu- and the impact it might have on bank- portant to do. I thank Senators HOL- merous countermeasures and probably are ing regulations and law. LINGS, GORTON, MCCAIN, DASCHLE, Ma- willing to sell the requisite technologies. Mr. GRAMM. As I understand it, one jority Leader LOTT, and Senator DODD, It states that countries such as North proposed amendment to S. 761 contains obviously, on the slot question. I thank Korea, Iran, and Iraq could ‘‘develop language which would preclude the use very much Senators SCHUMER, DURBIN, countermeasures based on these tech- of electronic records by business in in- HARKIN and ROBB for their cooperation. nologies by the time they flight-test stances where there is a state law or On the Democratic Commerce staff, I their missiles. regulation affecting that record and thank Sam Whitehorn, Kevin Kayes, The Washington Times reported re- that notification and disclosure re- Julia Kraus and Kerry Ates, who works cently that China’s recent test of the quirements in particular would be pre- with me; and on the GOP Commerce DF–31 ICBM employed such counter- cluded from being sent electronically. staff, Ann Choiniere and Michael Rey- measures, and if the Chinese are will- Mr. ABRAHAM. That is correct. nolds; and on Senator GORTON’s staff, ing to share this technology with rogue Mr. GRAMM. That, Mr. President, is Brett Hale. They have all done wonder- states such as North Korea, as the in- what causes some concern. I would say ful work and I thank them. telligence summary estimates, the to the Senator from Michigan that I Mr. CRAPO addressed the Chair. threat we face may be more sophisti- understand what your legislation in- The PRESIDING OFFICER. The Sen- cated than previously anticipated. tends to do and I support the goals of ator from Idaho is recognized. The intelligence summary notes a re- this bill, but notification and disclo- lated trend that was also illustrated in sure requirements are the responsi- f a recent news report. It states: bility of the Banking Committee. At Foreign assistance continues to have de- this time, the Federal Reserve is for- mulating regulations for the use of MORNING BUSINESS monstrable effects on missile advances around the world. Moreover, some countries electronic records by banks and mort- Mr. CRAPO. Mr. President, I ask that have traditionally been recipients of gage providers, and notification and unanimous consent that the Senate foreign missile technology are now sharing disclosure requirements will be a part now proceed to a period for morning more amongst themselves and are pursuing of the proposed rules. business, with Senators permitted to cooperative missile ventures. For that reason, I believe the Bank- speak therein for up to 10 minutes Recently, the Jerusalem Post re- ing Committee should have the oppor- each. ported Syria is, with the help of Iran, tunity to consider this matter. The PRESIDING OFFICER. Without developing a new 500 kilometer-range Mr. ABRAHAM. I thank my col- objection, it is so ordered. missile based on the North Korean league for explaining his thoughts on S11950 CONGRESSIONAL RECORD — SENATE October 5, 1999 this bill. While I would note that the Medicare beneficiaries, but all of the additional time to switch plans if their opportunities presented by electronic citizens in that same community who plan terminates. For clinics, this bill records go beyond banks, it is certainly need access to health care. will create a new payment system that not my intention to have this bill Back in 1997, I did not support the is linked to 1999 costs along with subse- interfere in the jurisdiction of the Balanced Budget Act. In fact, when quent updates. For hospices, this bill Banking Committee. Therefore, I this came up for consideration back will increase hospice payments by the would ask the Chairman whether the then I said ‘‘Mr. President, this is a full market basket updates. portion of the language pertaining to huge mistake - a huge mistake.’’ Real- This bill will allow many medical fa- records would best be removed from izing the vital role of Medicare in our cilities in my state to continue oper- the bill and left for further work by the country, I thought that we should be ating. I’m sure the same holds true for Banking Committee. going in the opposite direction - pro- most states. We need to pass this bill Mr. GRAMM. Yes it would. I would viding the opportunity for all Ameri- now. Health care is too important an also say to the Senator from Michigan cans to access decent healthcare. Al- issue. Even though not everybody has that, with this modification, I would though BBA passed, I did hope that it access to it, we do have a great health have no further objection to the con- would not severely impact Medicare care system and it needs to be pre- sideration of this bill. Also, I want to beneficiaries or the healthcare estab- served. The BBA was a mistake, and once again express my support for what lishments that provide their care. Un- now is the time to limit some of the re- the Senator is seeking to accomplish fortunately, my worst fears have come sulting adverse consequences. I hope and pledge to assist him in this effort. true. that my colleagues will join me in sup- Mr. ABRAHAM. I thank the distin- I have had an almost continuous port of this bill. guished Chairman for his input. stream of people from Minnesota come f into my office and tell me about the Mr. GRAMM. I thank my colleague THE VERY BAD DEBT BOXSCORE from Michigan. dramatic, draconian effects that BBA Mr. HELMS. Mr. President, at the f has had on the ability of medical estab- lishments to provide needed medical close of business yesterday, Monday, CLEMENCY OFFER TO FALN services to people in my state. We have October 4, 1999, the Federal debt stood MEMBERS heard from large academic teaching at $5,654,411,268,306.82 (Five trillion, six Mr. COVERDELL. Mr. President, as hospitals, small rural clinics, home hundred fifty-four billion, four hundred you know I have been a strong critic of healthcare agencies, skilled nursing fa- eleven million, two hundred sixty-eight the President’s recent decision to offer cilities, hospices and physicians. It is thousand, three hundred six dollars and clemency to the 16 members of the hard to think of a medical establish- eighty-two cents). Puerto Rican terrorist organization ment that has not been impacted by Five years ago, October 4, 1994, the FALN. I have held hearings on this these cuts. According to the hospitals Federal debt stood at $4,692,027,000,000 matter and have seen the outrage this in my state, the total impact of BBA (Four trillion, six hundred ninety-two billion, twenty-seven million). action has prompted in many of my cuts for Minnesota over 5 years will be Ten years ago, October 4, 1989, the constituents and the public at large. I $908 million. The prognosis is really Federal debt stood at $2,878,049,000,000 have received numerous communica- disturbing. We hear many service pro- (Two trillion, eight hundred seventy- tions regarding this situation which viders tell us they can not continue eight billion, forty-nine million). criticize the President’s decision and their operations because of these cuts. Fifteen years ago, October 4, 1984, the question his motives. In particular, I They are going to close their doors and Federal debt stood at $1,572,268,000,000 would like to thank Larry Stewart of shut down. Some of these establish- (One trillion, five hundred seventy-two Lynchburg, Virginia, one of the first to ments are located in rural settings billion, two hundred sixty-eight mil- bring this matter to my attention. His where they are the only hospital or lion). interest in this action and its effect on clinic or nursing facility within dozens Twenty-five years ago, October 4, our overall terrorism policy have been and dozens of miles. What is going to 1974, the Federal debt stood at appreciated and helpful to me as our happen when these facilities close? The $476,919,000,000 (Four hundred seventy- work on this issue has progressed. answer is that peoples’ health will suf- six billion, nine hundred nineteen mil- f fer and the communities will suffer lion) which reflects a debt increase of economically. The communities will THE MEDICARE BENEFICIARIES more than $5 trillion— suffer because they don’t have a hos- ACCESS TO CARE ACT $5,177,492,268,306.82 (Five trillion, one pital. Businesses will be reluctant to hundred seventy-seven billion, four Mr. WELLSTONE. Mr. President, I locate in a community that does not hundred ninety-two million, two hun- speak today in support of Senator have access to healthcare. dred sixty-eight thousand, three hun- DASCHLE’s bill titled the Medicare Ben- It doesn’t have to be this way. In the dred six dollars and eighty-two cents) eficiary Access to Care Act, S.1678. I United States Senate, we have the op- during the past 25 years. am proud to cosponsor this important portunity to fix some of the problems f bill because it will provide relief for created by BBA. Senator DASCHLE’s bill health care providers suffering under will lessen the impact of the BBA cuts MESSAGE FROM THE HOUSE drastic cuts resulting from the Bal- on providers, thus benefitting patients. ENROLLED BILLS SIGNED anced Budget Act (BBA) of 1997. That I think this package will make a sub- At 9:32 a.m., a message from the legislation has had a very negative im- stantial difference. House of Representatives, delivered by pact on the Medicare program and the This bill will help our teaching hos- Ms. Niland, one of its reading clerks, financial viability of our medical es- pitals by limiting further decreases in announced that the Speaker has signed tablishments providing care under that the Indirect Medical Education pay- the following enrolled bills: program. The Senate Minority Leader’s ments. Teaching hospitals are impor- S. 1606. An act to reenact chapter 12 of title legislation will scale back some of the tant not only because they train future 11, United States Code, and for other pur- BBA reductions and therefore provide physicians, but also because they treat poses. the necessary reimbursement for pro- a large number of Medicare bene- S. 323. An act to redesignate the Black viders who give needed medical serv- ficiaries. For skilled nursing facilities, Canyon of the Gunnison National Monument ices to patients. Let me be clear, pa- this bill will repeal the $1500 therapy as a national park and establish the Gunni- son Gorge National Conservation Area, and tients will be the ultimate bene- caps for three years until a new system for other purposes. ficiaries when this bill is enacted. A can be implemented. For Home H.R. 2084. An act making appropriations basic fact is that any person seeking Healthcare Agencies, this bill for the Department of Transportation and medical attention will likely visit a postpones the 15% cut in payments for related agencies for the fiscal year ending medical establishment currently being 2 years. For physicians, this bill would September 30, 2000, and for other purposes. affected by BBA payment reductions. If smooth out the fluctuations in physi- The enrolled bills were signed subse- medical facilities close due to BBA cian payment rates. For Medicare Plus quently by the President pro tempore cuts, it will adversely impact not only Choice, this bill provides enrollees with (Mr. THURMOND). October 5, 1999 CONGRESSIONAL RECORD — SENATE S11951

At 11:05 a.m., a message from the North Carolina, Mr. CRAMER, and Mr. quests to appear and testify before any House of Representatives, delivered by OBEY as the managers of the con- duly constituted committee of the Sen- Ms. Niland, one of its reading clerks, ference on the part of the House. ate.) announced that the House has passed The message further announced that f the following bills, in which it requests pursuant to section 301 of Public Law INTRODUCTION OF BILLS AND the concurrence of the Senate: 104–1, the Speaker and the Minority JOINT RESOLUTIONS H.R. 356. An act to provide for the convey- Leader of the House of Representatives ance of certain property from the United and the Majority and Minority Leaders The following bills and joint resolu- States to Stainislaus County, California. of the United States Senate appoints tions were introduced, read the first H.R. 1451. An act to establish the Abraham jointly the following individuals to a 5- and second time by unanimous con- Lincoln Bicentennial Commission. sent, and referred as indicated: H.R. 1794. An act concerning the participa- year term to the Board of Directors of By Mr. MURKOWSKI: tion of Taiwan in the World Health Organiza- the Office of Compliance: Mr. Alan V. Friedman of California, Ms. Susan S. S. 1686. A bill to provide for the convey- tion (WHO). ances of land interests to Chugach Alaska H.R. 2401. An act to amend the U.S. Holo- Robfogel of New York, and Ms. Barbara Corporation to fulfill the intent, purpose, caust Assets Commission Act of 1998 to ex- Childs Wallace of Mississippi. and promise of the Alaska Native Claims tend the period by which the final report is f Settlement Act, and for other purposes; to due and to authorize additional funding. the Committee on Energy and Natural Re- H.R. 2607. An act to promote the develop- MEASURES REFERRED sources. ment of the commercial space transpor- By Mr. MCCAIN: tation industry, to authorize appropriations The following bills were read the first S. 1687. A bill to amend the Federal Trade for the Office of the Associate Administrator and second times by unanimous con- Commission Act to authorize appropriations for Commercial Space Transportation, to au- sent and referred as indicated: for the Federal Trade Commission; to the thorize appropriations for the Office of Space H.R. 1451. An act to establish the Abraham Committee on Commerce, Science, and Commercialization, and for other purposes. Lincoln Bicentennial Commission; to the Transportation. H.R. 2681. An act to establish a program, Committee on the Judiciary. By Mr. LEVIN (for himself and Mr. coordinated by the National Transportation H.R. 1794. An act concerning the participa- AKAKA): Safety Board, of assistance to families of tion of Taiwan in the World Health Organiza- S. 1688. A bill to amend chapter 89 of title passengers involved in rail passenger acci- tion (WHO); to the Committee on Foreign 5, United States Code, relating to the Fed- dents. Relations. eral Employees Health Benefits Program, to The message also announced that the H.R. 2401. An act to amend the U.S. Holo- enable the Federal Government to enroll an House has agreed to the following con- caust Assets Commission Act of 1998 to ex- employee and the family of the employee in current resolutions in which it re- tend the period by which the final report is the program when a State court orders the quests the concurrence of the Senate: due and to authorize additional funding; to employee to provide health insurance cov- erage for a child of the employee, but the H. Con. Res. 171. Concurrent resolution the Committee on Banking, Housing, and Urban Affairs. employee fails to provide the coverage, and congratulating the American Public Transit for other purposes; to the Committee on Association for 25 years of commendable H.R. 2681. An act to establish a program, coordinated by the National Transportation Governmental Affairs. service to the transit industry and the Na- By Mr. GRASSLEY (for himself, Mr. tion. Safety Board, of assistance to families of passengers involved in rail passenger acci- HELMS, and Mr. DEWINE): H. Con. Res. 191. Concurrent resolution ex- S. 1689. A bill to require a report on the dents; to the Committee on Commerce, pressing the sense of the Congress that the current United States policy and strategy re- Science, and Transportation. Brooklyn Museum of Art should not receive garding counter-narcotics assistance for Co- Federal funds unless it closes its exhibits The following concurrent resolutions lombia, and for other purposes; to the Com- featuring works of a sacrilegious nature. were read and referred as indicated: mittee on Foreign Relations. The message further announced that H. Con. Res. 171. Concurrent resolution By Mr. MACK (for himself, Mr. SAR- the House disagrees to the amendment congratulating the American Public Transit BANES, Mr. DEWINE, Mr. LIEBERMAN, of the Senate to the bill (H.R. 2466) Association for 25 years of commendable Mr. JEFFORDS, Mr. KERREY, Mr. LUGAR, Mr. KERRY, Mr. DODD, and making appropriations for the Depart- service to the transit industry and the Na- Ms. LANDRIEU): ments of the Interior and related agen- tion; to the Committee on the Judiciary. H. Con. Res. 191. Concurrent resolution ex- S. 1690. A bill to require the United States cies for the fiscal year ending Sep- pressing the sense of the Congress that the to take action to provide bilateral debt re- tember 30, 2000, and for other purposes, Brooklyn Museum of Art should not receive lief, and improve the provision of multilat- and agrees to the conference asked by Federal funds unless it closes its exhibits eral debt relief, in order to give a fresh start the Senate on the disagreeing votes of featuring works of a sacrilegious nature; to to poor countries; to the Committee on For- eign Relations. the two Houses thereon; and appoints the Committee on Health, Education, Labor, By Mr. INHOFE (for himself, Mr. Mr. REGULA, Mr. KOLBE, Mr. SKEEN, and Pensions. GRAHAM, and Mr. VOINOVICH): Mr. TAYLOR of North Carolina, Mr. f S. 1691. A bill to amend the Robert T. Staf- NETHERCUTT, Mr. WAMP, Mr. KINGSTON, ford Disaster Relief and Emergency Assist- Mr. PETERSON of Pennsylvania, Mr. ENROLLED BILL PRESENTED ance Act to authorize programs for YOUNG of Florida, Mr. DICKS, Mr. MUR- The Secretary of the Senate reported predisaster mitigation, to streamline the ad- ministration of disaster relief, to control the THA, Mr. MORAN of Virginia, Mr. that on October 5, 1999, he had pre- Federal costs of disaster assistance, and for CRAMER, Mr. HINCHEY, and Mr. OBEY as sented to the President of the United other purposes; to the Committee on Envi- managers of the conference on the part States, the following enrolled bill: ronment and Public Works. of the House. S. 1606. An act to extend for 9 additional By Mr. SANTORUM (for himself, Mr. The message also announced that the months the period for which chapter 12 of SMITH of New Hampshire, Mr. ABRA- House disagrees to the amendment of title 11, United States Code, is reenacted. HAM, Mr. ASHCROFT, Mr. BROWNBACK, the Senate to the bill (H.R. 2684) mak- f Mr. BURNS, Mr. CRAIG, Mr. DEWINE, ing appropriations for the Departments Mr. ENZI, Mr. FRIST, Mr. GRAMM, Mr. of Veterans Affairs and Housing Devel- EXECUTIVE REPORTS OF GRASSLEY, Mr. HATCH, Mr. HUTCH- opment, and for sundry independent COMMITTEE INSON, Mr. KYL, Mr. MACK, Mr. MCCONNELL, Mr. NICKLES, Mr. SES- agencies, boards, commissions, cor- The following executive reports of a SIONS, Mr. SMITH of Oregon, Mr. porations, and for offices for the fiscal committee were submitted: THURMOND, Mr. WARNER, Mr. BEN- year ending September 30, 2000, and for By Mr. LUGAR, for the Committee on Ag- NETT, Mr. LOTT, Mr. ALLARD, Mr. other purposes, and agrees to the con- riculture, Nutrition, and Forestry: BOND, Mr. BUNNING, Mr. COCHRAN, Mr. ference asked by the Senate on the dis- Paul W. Fiddick, of Texas, to be an Assist- CRAPO, Mr. DOMENICI, Mr. FITZ- agreeing votes of the two Houses there- ant Secretary of Agriculture. GERALD, Mr. GORTON, Mr. GRAMS, Mr. on; and appoints Mr. WALSH, Mr. Andrew C. Fish, of Vermont, to be an As- HAGEL, Mr. HELMS, Mr. INHOFE, Mr. LUGAR, Mr. MCCAIN, Mr. MURKOWSKI, DELAY, Mr. HOBSON, Mr. KNOLLENBERG, sistant Secretary of Agriculture. Mr. ROBERTS, Mr. SHELBY, Mr. THOM- RELINGHUYSEN ICKER Mr. F , Mr. W , Mrs. (The above nominations were re- AS, Mr. VOINOVICH, and Mr. COVER- NORTHUP, Mr. SUNUNU, Mr. YOUNG of ported with the recommendation that DELL): S. 1692. A bill to amend title Florida, Mr. MOLLOHAN, Ms. KAPTUR, they be confirmed, subject to the nomi- 18, United States Code, to ban partial Mrs. MEEK of Florida, Mr. PRICE of nees’ commitment to respond to re- birth abortions; read the first time. S11952 CONGRESSIONAL RECORD — SENATE October 5, 1999

By Mr. GRAMS: CAC, were directed to study land own- By Mr. MCCAIN: S. 1693. A bill to protect the Social Secu- ership in and around the Chugach Re- S. 1687. A bill to amend the Federal rity surplus by requiring a sequester to gion in Alaska. The purpose of this Trade Commission Act to authorize ap- eliminate any deficit; to the Committee on study was twofold. The first purpose propriations for the Federal Trade the Budget, pursuant to the order of August 4, 1977, with instructions that if one Com- was to provide for a fair and just set- Commission; to the Committee on mittee reports, the other Committee have tlement of the Chugach people and re- Commerce, Science, and Transpor- thirty days to report or be discharged. alizing the intent, purpose, and prom- tation. f ise of the Alaska Native Claims Settle- FEDERAL TRADE COMMISSION REAUTHORIZATION ment Act by CAC. The second purpose ACT OF 1999 SUBMISSION OF CONCURRENT AND was to identify lands that, to the max- Mr. MCCAIN. Mr. President, today, I SENATE RESOLUTIONS imum extent possible, are of like kind am introducing the Federal Trade The following concurrent resolutions and character to those that were tradi- Commission Reauthorization Act. The and Senate resolutions were read, and tionally used and occupied by the Chu- bill will authorize funding for the Com- referred (or acted upon), as indicated: gach people and, to the maximum ex- mission for fiscal years 2001 and 2002. By Mr. WARNER (for himself and Mr. tent possible, those that provide access The measure sets spending levels at DODD): to the coast and are economically via- $149 million in FY 2001 and increases S. Res. 196. A resolution commending the ble. that amount for inflation and manda- submarine force of the United States Navy On September 17, 1982, the parties en- tory pay benefits to $156 for FY 2002. on the 100th anniversary of the force; to the tered into an agreement now known as The Federal Trade Commission (FTC) Committee on Armed Services. the 1982 Chugach Natives, Inc. Settle- has two primary missions: (1) the pre- f ment Agreement that set forth a fair vention of anticompetitive conduct in and just settlement for the Chugach STATEMENTS ON INTRODUCED the marketplace; and (2) the protection people pursuant to the study directed BULLS AND JOINT RESOLUTIONS of consumers from unfair or deceptive by Congress. Among the many provi- acts or practices. The Commission ac- By Mr. MURKOWSKI: sions of this agreement the United complishes its anticompetitive mission S. 1686. A bill to provide for the con- States was required to convey to CAC primarily through premerger reviews veyances of land interests to Chugach not more than 73,308 acres of land in under that Hart-Scott-Rodino Act. Alaska Corporation to fulfill the in- the vicinity of Carbon Mountain. The Under that Act, merger and acquisi- tent, purpose, and promise of the Alas- land eventually conveyed contained tions of a specified size are reviewed ka Native Claims Settlement Act, and significant amounts of natural re- for anticompetitive impact. During the for other purposes; to the Committee sources that were inaccessible by road. 1990’s, the number of mergers that met on Energy and Natural Resources. A second major provision of the Settle- these size requirements tripled. This ment Agreement granted CAC rights- CHUGACH ALASKA NATIVES SETTLEMENT has placed an increased burden on the IMPLEMENTATION ACT OF 1999 of-way across Chugach National Forest Commission. to their land and required the United ∑ Mr. MURKOWSKI. Mr. President. Additionally, the Commission pur- States to also grant an easement for This morning I rise to introduce legis- sues claims of unfair or deceptive prac- the purpose of constructing and using lation to implement a settlement tices or acts—essentially fraud. As roads and other facilities necessary for agreement between the Chugach Alas- electronic commerce on the Internet development of that tract of land on ka Corporation (CAC) and the United increases, fraud will certainly increase terms and conditions to be determined States Forest Service. This legislation with it and the FTC should and will in accordance with the Settlement will fulfill a long overdue commitment play a role in protecting consumers on Agreement. It is obvious that without of the Federal government made to the Internet, as they do in the tradi- certain Alaska Natives. such an easement the land conveyed to CAC could not be utilized or developed tional market place. The Commission’s I am terribly troubled and dis- performance of these dual missions is appointed that Congress must once in a manner consistent with the intent of Congress as expressed in ANILCA vital to the protection of consumers. again step in to secure promises to The Commission was last reauthor- and ANCSA. Alaska Natives that at best have been ized in 1996. That legislation provided unnecessarily delayed by this Adminis- More than seventeen years after the Settlement Agreement was signed the for funding levels of $107 million in FY tration and at worst have been tram- 1997 and $111 million in FY 1998. The pled by them. much needed easement still has not been granted and CAC remains unable bill I introduce today increases the pre- This legislation will accomplish vious authorization by $37 million. In three goals: to make economic use of their lands. It seems absurd to me that Congress general, the increase is necessary to It will direct the Secretary of Agri- meet the rising number of merger re- culture to, not later than 90 days after passed a Settlement Act for the Benefit of Alaska Natives; then the federal views under the Hart-Scott-Rodino Act enactment, grant CAC the access and to protect consumers in the ex- rights they were granted under the government entered into a Settlement Agreement to implement that Act panding world of e-commerce. Accord- Alaska National Interest Lands Con- ing to the Commission’s justification, servation Act. where the CAC was concerned; and today, we find ourselves once again in the new authorization would fund 25 It will return to CAC cemetery and additional employees to work on merg- historical sites they are entitled to a position of having to force the gov- ernment to comply with these agree- er and Internet issues. It will also help under section 14(h)(1) of the Alaska Na- ments. the Commission upgrade its computing tive Claims Settlement Act. I have spoken directly to the Chu- facilities and fund increased consumer It will require the Secretary of Agri- gach Forest Supervisor, the Regional education activities. culture to coordinate the development, Forester, and to the Chief of the Forest The authorization, however, does not maintenance, and revision of land and Service about this issue. Just last provide for the full amount requested resource management plans for units of month I facilitated a meeting between by the Commission. In a recent re- the National Forest System in Alaska the Forest Service and CAC to work quest, the Commission asked for $176 with the plans of Alaska Native Cor- out final details. While the parties million in FY2002. While I agree the porations for the utilization of their thought they had an agreement in Commission plays an important role in lands which are intermingled with, ad- principle it fell apart once it reached protecting consumers, their request jacent to, or dependent for access upon Washington, D.C. Therefore, I find it represents more than a 50% increase in National Forest System lands. necessary to once again have Congress their authorization over a four-year pe- BACKGROUND rectify inaction on behalf of the Forest riod. At this point, I am not convinced Pursuant to section 1430 of the Alas- Service. that such a dramatic increase is war- ka National Interest Lands Conserva- It is my intent to hold a hearing on ranted. tion Act (ANILCA), the Secretary of this issue in the Energy and Natural As we move through the authoriza- the Interior, the Secretary of Agri- Resources Committee as soon as pos- tion process, I look forward to hearing culture, the State of Alaska, and the sible.∑ further from the FTC as to why such October 5, 1999 CONGRESSIONAL RECORD — SENATE S11953 an increase is needed to meet its statu- Mr. President, I ask unanimous con- may not discontinue the self and family en- tory functions. I also hope to explore sent that a copy of the bill be printed rollment in a plan that provides full benefits other ways we can improve the Com- in the RECORD. and services in the location in which the mission’s ability to protect customers There being no objection, the bill was child resides for the period that the court or administrative order remains in effect if the without increasing spending. ordered to be printed in the RECORD, as child meets the requirements of section For example, I was very interested in follows: 8901(5) during such period. the comments of the FTC nominee S. 1688 ‘‘(B) Enrollment described under subpara- Thomas Leary during his confirmation Be it enacted by the Senate and House of Rep- graph (A) may be discontinued if the em- hearing regarding the Commission’s resentatives of the United States of America in ployee provides documentation dem- merger review process. I know over the Congress assembled, onstrating that the required coverage has past few years, the Commission has SECTION 1. SHORT TITLE. been provided through other health insur- taken steps to simplify this process re- This Act may be cited as the ‘‘Federal Em- ance.’’. ducing its own costs and the costs to ployees Health Benefits Children’s Equity SEC. 3. FEDERAL EMPLOYEES’ RETIREMENT SYS- Act of 1999’’. TEM ANNUITY SUPPLEMENT COM- the business community. Mr. Leary in- PUTATION. dicated, however, that more work SEC. 2. ENROLLMENT OF CERTAIN EMPLOYEES Section 8421a(b) of title 5, United States could be done to change the internal AND FAMILY. Code, is amended by adding at the end the procedures of the FTC to further re- Section 8905 of title 5, United States Code, following new paragraph: is amended— ‘‘(5) Notwithstanding paragraphs (1) duce the number of reviews without (1) by redesignating subsections (f) and (g) harming competition. I look forward to through (4), the reduction required by sub- as subsections (g) and (h), respectively; and section (a) shall be effective during the 12- exploring this topic with Mr. Leary and (2) by inserting after subsection (e) the fol- the other commissioners. month period beginning on the first day of lowing: the seventh month after the end of the cal- I look forward to working with the ‘‘(f)(1)(A) An unenrolled employee who is endar year in which the excess earnings were required by a court or administrative order members of the Commerce Committee, earned.’’. the full Senate, and the Commission as to provide health insurance coverage for a we move through the authorization child who meets the requirements of section By Mr. GRASSLEY (for himself, process. 8901(5) may enroll for self and family cov- erage in a health benefits plan under this Mr. HELMS, and Mr. DEWINE): S. 1689. A bill to require a report on By Mr. LEVIN (for himself and chapter. ‘‘(B) The employing agency of an employee the current United States policy and Mr. AKAKA): strategy regarding counter-narcotics S. 1688. A bill to amend chapter 89 of described under subparagraph (A) shall en- roll the employee in a self and family enroll- assistance for Colombia, and for other title 5, United States Code, relating to ment in the option which provides the lower purposes; to the Committee on Foreign the Federal Employees Health Benefits level of coverage under the service benefit Relations. Program, to enable the Federal Gov- plan if the employee— COLOMBIAN COUNTER-NARCOTICS ASSISTANCE ernment to enroll an employee and the ‘‘(i) fails to enroll for self and family cov- LEGISLATION family of the employee in the program erage in a health benefits plan that provides Mr. GRASSLEY. Mr. President, I when a State court orders the em- full benefits and services in the location in ∑ ployee to provide health insurance cov- which the child resides; and share many of my colleagues concerns erage for a child of the employee, but ‘‘(ii) does not provide documentation dem- about the need to do more to aid Co- the employee fails to provide the cov- onstrating that the required coverage has lombia. But I also believe that our aid been provided through other health insur- must be based on a clear and consistent erage, and for other purposes; to the ance. Committee on Governmental Affairs. plan, not on good intentions. We do Co- ‘‘(2)(A) An employee who is enrolled as an lombia no favors by throwing money at FEDERAL EMPLOYEES HEALTH BENEFITS individual in a health benefits plan under the problem. We do not help ourselves. CHILDREN’S EQUITY ACT OF 1999 this chapter and who is required by a court Mr. LEVIN. Mr. President, I rise to or administrative order to provide health in- Too often, throwing money at a prob- introduce, along with my distinguished surance coverage for a child who meets the lem is the same thing as throwing colleague Senator AKAKA, the Federal requirements of section 8901(5) may change money away. For that reason, I, along Employees Health Benefits Children’s to a self and family enrollment in— with Senator HELMS and Senator ‘‘(i) the health benefits plan in which the DEWINE, am introducing legislation Equity Act of 1999. employee is enrolled; or This legislation concerns Federal em- today calling on the U.S. Administra- ‘‘(ii) another health benefits plan under tion to present a plan. ployees who are under a court order to this chapter. provide health insurance to their de- ‘‘(B) The employing agency of an employee Colombia is the third largest recipi- pendent children. If a Federal em- described under subparagraph (A) shall ent of U.S. security aid behind Israel ployee is under such a court order and change the enrollment of the employee to a and Egypt. It is also the largest sup- his dependent children have no health self and family enrollment in the plan in plier of cocaine to the United States. insurance coverage, the Federal gov- which the employee is enrolled if— But, we seem to find ourselves in the ernment would be authorized to enroll ‘‘(i) such plan provides full benefits and midst of a muddle. Our policy appears the employee in a ‘‘family coverage’’ services in the location where the child re- to be adrift, and our focus blurred. sides; and health plan. If the employee is not en- This past Tuesday, the Caucus on ‘‘(ii) the employee— International Narcotics Control held a rolled in any health care plan, the Fed- ‘‘(I) fails to change to a self and family en- eral government would be authorized rollment; and hearing to ask the Administration for to enroll the employee and his or her ‘‘(II) does not provide documentation dem- a specific plan and a detailed strategy family in the standard option of the onstrating that the required coverage has outlining U.S. interests and priorities service benefit plan. The bill would been provided through other health insur- dealing with counter-narcotics efforts also prevent the employee from can- ance. in Colombia. Before we in Congress get celing health coverage for his depend- ‘‘(C) The employing agency of an employee involved in a discussion about what described under subparagraph (A) shall ent children for the term of the court and how much equipment we should be change the coverage of the employee to a sending to Colombia, we need to dis- order. self and family enrollment in the option This bill would close a loophole cre- which provides the lower level of coverage cuss whether or not we should send any ated by the 1993 Omnibus Budget Rec- under the service benefit plan if— and why. Recent press reports indicate onciliation Act. The 1993 bill required ‘‘(i) the plan in which the employee is en- that the Administration is preparing a each State to enact legislation requir- rolled does not provide full benefits and serv- security assistance package to Colom- ing an employer to enroll a dependent ices in the location in which the child re- bia with funding from $500 million dol- child in an employee’s group health sides; or lars to somewhere around $1.5 billion plan when an employee is under a court ‘‘(ii) the employee fails to change to a self dollars. order to provide health insurance for and family enrollment in a plan that pro- And yet, Congress hasn’t been able to vides full benefits and services in the loca- his or her child but neglects to do so. tion where the child resides. evaluate any strategy. That’s because This legislation simply provides Fed- ‘‘(3)(A) Subject to subparagraph (B), an em- there is none. From the hearing, it eral agencies with the same authority ployee who is subject to a court or adminis- seems the Administration is incapable granted to the states. trative order described under this section of thinking about the situation with S11954 CONGRESSIONAL RECORD — SENATE October 5, 1999 any clarity or articulating a strategy Mr. President, the problems that menting sound economic reforms and with any transparency. It seems con- yield such grim statistics will never be helping their people live longer, fused as to what is actually happening solved without a monumental commit- healthier and more prosperous lives. In in Colombia. ment of will from their leaders, their order to receive debt relief under our At Tuesday’s hearing, representa- citizens, and the outside world. That is bill, countries must commit the sav- tives from the Department of State and not what we propose to do here today. ings to policies that promote growth the Department of Defense assured me Our bill is only a small step in the and expand citizens’ access to basic they were currently working on a de- right direction, but it is one we can do services like clean water and edu- tailed strategy to be unveiled at some quickly and for relatively little cost. cation. future point. So far there have been The effort to forgive the debts of the We have included a strict prohibition difficulties in creating a detailed and world’s poorest countries has been on- in our bill on providing relief to coun- coherent strategy and presenting it to going for more than a decade. During tries that sponsor terrorism, spend ex- Congress. Today we are introducing a this time the international community cessively on their militaries, do not co- bill that requires the Secretary of and the G7 came to the realization that operate on narcotics matters, or en- State to submit to Congress within 60 the world’s poorest countries are sim- gage in systematic violations of their days a detailed report on current U.S. ply unable to repay the debt they owe citizens’ human rights. We are not pro- policy and strategy for counter-nar- to foreign creditors. The external debt posing to help any country that is not cotics assistance for Colombia. for many of the developing nations is first willing to help itself. This is an issue that will not just more than twice their GDP, leaving Mr. President, the debt accumulated simply disappear. Before we begin ap- many unable to even pay the interest in the developing world throughout the propriating additional funding for Co- on their debts. We must accept the fact and into the 1990s has become lombia, we need strategies and goals, that this debt is unpayable. the ques- a significant impediment to the imple- not just piecemeal assistance and oper- tion is not whether we’ll ever get paid mentation of free-market economic re- ations. I strongly urge my colleagues back, but rather what we can encour- forms and the reduction of poverty. We to support this bill. age these heavily indebted countries to in the developed world have an interest By Mr. MACK (for himself, Mr. do for themselves in exchange for our in removing this impediment and pro- SARBANES, Mr. DEWINE, Mr. forgiveness. viding the world’s poorest countries LIEBERMAN, Mr. JEFFORDS, Mr. Our bill requires the President to for- with the opportunity to address their KERREY, Mr. LUGAR, Mr. KERRY, give at least 90 percent of the entire bi- underlying economic problems and set Mr. DODD, and Ms. LANDRIEU): lateral debt owed by the world’s heav- a course for sustainability. S. 1690. A bill to require the United ily indebted poor countries in exchange I believe our bill is an important first States to take action to provide bilat- for verifiable commitments to pursue step in this process and I look forward eral debt relief, and improve the provi- economic reforms and implement pov- to the support of my colleagues in the sion of multilateral debt relief, in erty alleviation measures. While Senate.∑ order to give a fresh start to poor coun- roughly $6 billion is owed to the United ∑ Mr. SARBANES. Mr. President, I am ties; to the Committee on Foreign Re- States by these poor countries, it is es- pleased to join today with my col- lations. timated the cost of forgiving this debt league from Florida, Mr. MACK, in in- DEBT RELIEF FOR POOR COUNTRIES ACT OF 1999 would be less than ten percent of that troducing the ‘‘Debt Relief for Poor ∑ Mr. MACK. Mr. President, I rise amount. The U.S. share of the bilateral Countries Act of 1999.’’ This bill is the today with my colleague from Mary- debt is less than four percent of the companion legislation to H.R. 1095, of- land, Mr. SARBANES, to introduce the total, but our action would provide fered in the House by Representatives Debt Relief for Counties Act of 1999. leadership to the rest of the world’s LEACH and LAFALCE and cosponsored This bill simply forgives much of the creditor nations and provide some sav- by 116 other Members. debt owed to us by the world’s poorest ings benefits to these countries as well. The purpose of the bill is to provide countries in exchange for commit- Our bill also requires a restructuring the world’s poorest countries with re- ments from these countries to reform of the IMF and World Bank’s Heavily lief from the crippling burden of debt their economies and work toward a Indebted Poor Countries Initiative and to encourage investment of the better quality of life for their people. (HIPC). This program was begun in proceeds in health, education, nutri- Our effort today is premised on the fact 1996, but to date only three countries tion, sanitation, and basic social serv- that we must help these poverty- have received any relief. While the ices for their people. stricken nations break the vicious premise of HIPC is sound, its short- All too often, payments on the for- cycle of debt and give them the eco- comings have become evident during eign debt—which account for as much nomic opportunity to liberate their fu- the implementation. It promises much, as 70 percent of government expendi- tures. I ask my colleagues to join me in but in reality it benefits too few coun- tures in some countries—mean there is this worthwhile effort. tries, offers too little relief, and re- little left to meet the basic human Today, the world’s poorest countries quires too long a wait before debt is needs of the population. In effect, debt owe an average of $400 for every man, forgiven. A process of reforming the service payments are making it even woman, and child within their borders. HIPC was begun this year during the harder for the recipient governments This is much more than most people in G7’s meeting in Cologne, and our bill to enact the kinds of economic and po- these countries make in a year. Debt meets or exceeds the standards set out litical reforms that the loans were de- service payments in many cases con- in the Cologne communique. signed to encourage, and that are nec- sume a majority of a poor country’s Specifically, we shorten the waiting essary to ensure broad-based growth annual budget, leaving scarce domestic period for eligibility from six to three and future prosperity. resources for economic restructuring years. We extend the prospect of relief To address this problem the World or such vital human services as edu- to more countries. And we ensure that Bank and the IMF began a program in cation, clean water and sanitary living savings realized from the relief will be 1996 to reduce $27 billion in debt from conditions. In Tanzania, for example, used to enhance ongoing economic re- the most Heavily Indebted Poor Coun- debt payments would require nearly forms in addition to initiatives de- tries, known as the ‘‘HIPC Initiative.’’ four-fifths of the government’s budget. signed to alleviate poverty. This is a But the program created a number of In a country where one child in six dies sound and balanced approach to help stringent criteria and provided only before the age of five, little money re- these poor countries correct their un- partial relief, which meant that only a mains to finance public health pro- derlying economic problems and im- small number of countries actually grams. Among Sub-Saharan African prove the standard of living of their qualified for participation and the ones countries, one in five adults can’t read people. who did received only marginal bene- or write, and it is estimated that in Mr. President, this legislation is not fits after an extended period of time. several countries almost half the popu- a handout to the developing world. Following calls by non-government lation does not have access to safe Rather, it is an investment in these organizations, religious groups and drinking water. countries’ commitment to imple- member governments for faster and October 5, 1999 CONGRESSIONAL RECORD — SENATE S11955 more flexible relief, the G–7 Finance grams for predisaster mitigation, to disaster assistance in just five years. Ministers, meeting this past June in streamline the administration of dis- To finance these expenditures, we have Cologne, Germany, proposed alter- aster relief, to control the Federal been forced to find over $12 billion in native criteria that would make ex- costs of disaster assistance, and for rescissions. panded benefits available quicker and other purposes; to the Committee on The Bill I am introducing today will to more countries. Last week, at the Environment and Public Works. address this problem from two different annual World Bank-IMF meetings here DISASTER MITIGATION ACT OF 1999 directions. First, it authorizes a in Washington, President Clinton ∑ Mr. INHOFE. Mr. President, I rise Predisaster Hazard Mitigation Pro- pledged to cancel all $5.7 billion of debt today to introduce the Disaster Mitiga- gram, which assists people in preparing owed to the U.S. government by 36 of tion Act of 1999. As the chairman of the for disasters before they happen. Sec- the poorest countries, and he sent a Senate Subcommittee with jurisdiction ond, it provides a number of cost-sav- supplemental request for $1 billion over over FEMA, I have been working on ing measures to help control the costs 4 years to pay the U.S. portion of the this legislation for the last couple of of disaster assistance. multilateral initiative. Canceling the years. I am joined in the introduction In our bill, we are authorizing debt will not cost the full $5.7 billion today with my ranking member Sen- PROJECT IMPACT, FEMA’s natural because many of the loans would never ator BOB GRAHAM. I appreciate his disaster mitigation program. have been repaid and are no longer commitment to this legislation and I PROJECT IMPACT authorizes the use worth their full face-value. I commend look forward to working with him to of small grants to local communities to the President for exercising inter- shepherd this Bill through the process. give them funds and technical assist- national leadership on this important We have been witness to several ance to mitigate against disasters be- issue and for making it a foreign policy major natural disasters already this fore they occur. Too often, we think of priority. year. And, we have three more months disaster assistance only after a disaster The legislation we are offering today to go. We have seen devastating torna- has occurred. For the very first time, goes even further by requiring the does ravage Oklahoma City and Salt we are authorizing a program to think President to forgive at least 90 percent Lake City. We have also seen the de- about preventing disaster-related dam- of the U.S. non-concessional loans and struction brought on the East Coast by age prior to the disaster. We believe 100 percent of concessional loans to hurricanes Dennis and Floyd. Our that by spending these small amounts countries that meet the eligibility hearts go out to the victims of these in advance of a disaster, we will save guidelines. To qualify, the countries natural disasters. I was in Oklahoma the federal government money in the must have an annual per capita income City the morning of May 4, the day long-term. However, it is important to of less than $925, have public debts to- after the tornadoes moved through the note that we are not authorizing this taling at least 150 percent of average Oklahoma City metro area. I have program in perpetuity. The program, annual exports, and agree to use the never seen destruction like that any as drafted, is set to expire in 2003. If savings generated by debt relief to fa- place in the world. I was moved by the PROJECT IMPACT is successful, we cilitate the implementation of eco- stories I heard and saw as we traveled will have the appropriate opportunity nomic reforms in a way that is trans- through the remains of entire neigh- to review its work and make a deter- parent and participatory, to reduce the borhoods. mination on whether to continue pro- number of persons living in poverty, to Now a few months later, I see and gram. promote sustainable growth and to pre- hear stories of the destruction brought We are also proposing to allow states vent damage to the environment. by the flooding in North Carolina and I to keep a larger percentage of their Countries that have an excessive know the problems that lie ahead as federal disaster funds to be used on level of military expenditures, support they begin to recover. As the recovery state mitigation projects. In Okla- terrorism, fail to cooperate in inter- effort begin, our hearts and our prayers homa, the state is using its share of national narcotics control matters, or go out to the people of North Carolina. disaster funds to provide a tax rebate engage in a consistent pattern of gross The Federal government, through to the victims of the May 3 tornadoes violations of internationally recog- FEMA, has been there to help people who, when rebuilding their homes, nized human rights are not eligible for and their communities deal with the build a ‘‘safe room’’ into their home. debt relief under this legislation. aftermath of disasters for over a gen- Because of limited funding, this assist- In addition, the bill urges the Presi- eration. As chairman of the oversight ance is only available to those who dent to undertake diplomatic efforts in Subcommittee I want to ensure that were unfortunate enough to lose every- the Paris Club to reduce or cancel FEMA will continue to respond and thing they owned. We seek to give debts owed bilaterally to other coun- help people in need for generations to states more flexibility in determining tries, and to work with international come. Unfortunately, the costs of dis- their own mitigation priorities and giv- financial institutions to maximize the aster recovery have spiraled out of con- ing them the financial assistance to impact of the HIPC Initiative. The trol. For every major disaster Congress follow through with their plans. United States accounts for less than 5 is forced to appropriate additional While we are attempting to re-define percent of the total debt burden, so it funds through Supplemental Emer- the way in which we respond to natural is essential that relief is provided in a gency Spending Bills. This not only disasters, we must also look to curb coordinated and comprehensive fash- plays havoc with the budget and forces the rising cost of post-disaster related ion. us to spend funds which would have assistance. The intent of the original Mr. President, countries should not gone to other pressing needs, but sets Stafford Act was to provide federal as- be forced to make a tradeoff between up unrealistic expectations of what the sistance after States and local commu- servicing their debt and feeding their federal government can and should do nities had exhausted all their existing people. And once debt is relieved, we after a disaster. resources. As I said earlier, we have should ensure that the savings are For instance, following the Okla- lost sight of this intent. being used to reduce poverty and im- homa City tornadoes, there was an es- To meet our cost saving goal, we are prove living standards, so that the ben- timated $900 million in damage, with a making significant changes to FEMA’s efits are widely shared among the pop- large portion of that in federal disaster Public Assistance program. One of the ulation. This bill achieves both objec- assistance. Now, in the aftermath of most significant changes in the PA tives, and I look forward to working hurricane Floyd in North Carolina, es- program focuses on the use of insur- with my colleagues to ensure its timates of $1 billion or more in dam- ance. FEMA is currently developing an prompt consideration.∑ ages are being discussed. This problem insurance role to require States and is not just isolated to Oklahoma City local government to maintain private By Mr. INHOFE (for himself, Mr. or North Carolina. In the period be- or self-insurance in order to qualify for GRAHAM, and Mr. VOINOVICH): tween fiscal years 1994 and 1998, FEMA the PA program. We applaud their ef- S. 1691. A bill to amend the Robert T. disaster assistance and relief costs forts and are providing them with some Stafford Disaster Relief and Emer- grew from $8.7 billion to $19 billion. parameters we expect them to follow in gency Assistance Act to authorize pro- That marks a $10.3 billion increase in developing any insurance rule. S11956 CONGRESSIONAL RECORD — SENATE October 5, 1999 Second, we are providing FEMA with Cities, the American Red Cross, and handle triggered more than $500 mil- the ability to estimate the cost of re- numerous other groups to construct a lion in federal disaster assistance. pairing or rebuilding projects. Under comprehensive proposal that will make State and local officials concluded that current law, FEMA is required to stay mitigation—not response and recov- the direct solution to the problem of in the field and monitor the rebuilding ery—the primary focus of emergency repetitive flooding was to remove or of public structures. By requiring management. demolish the structures at risk. A FEMA to stay afield for years after the Our legislation amends the Robert T. Community Block Grant of $27.5 mil- disaster, we run up the administrative Stafford Disaster Relief and Emer- lion was used to assist local govern- cost of projects. Allowing them to esti- gency Assistance Act. It will: Author- ments in acquiring 388 extremely vul- mate the cost of repairs and close out ize programs for pre-disaster emer- nerable properties. the project will bring immediate as- gency preparedness; streamline the ad- The success of this effort was evident sistance to the State or local commu- ministration of disaster relief; restrain when the same area experienced flood- nity and save the Federal government the Federal costs of disaster assist- ing again in the spring of 1998. While money. ance; and provide incentives for the de- both floods were of comparable sever- We have spent months working close- velopment of community-sponsored ity, the damages from the second dis- ly with FEMA, the States, local com- mitigation projects. aster were significantly lower in the munities, and other stakeholders to Mr. President, history has dem- communities that acquired the flood produce a bill that gives FEMA the in- onstrated that no community in the prone properties. This mitigation creased ability to respond to disasters, United States is safe from disasters. project reduced their vulnerability. while assuring States and local com- From tropical weather along the At- We have an opportunity today to munities that the federal government lantic Coast to devastating floods in continue the working partnership be- will continue to meet its commit- the Upper Midwest to earthquakes in tween the federal government, the ments. the Pacific Rim, we have suffered as a states, local communities and the pri- In closing, I want to thank Senator result of Mother Nature’s fury. She vate sector. In mitigating the dev- GRAHAM for his help and the leadership will strike again. But we can avoid astating effects of natural disasters, it he has taken on this important issue. some of the excessive human and finan- is also imperative that we control the Without his help, input, and insight, cial costs of the past by applying what cost of disaster relief. Our legislation this legislation would be little more we have learned about preparedness will help in this effort. I encourage my than an idea. As we continue to move technology. colleagues to support this initiative.∑ this bill forward in the process, I look Florida has been a leader in incor- forward to continuing to work with porating the principles and practice of By Mr. GRAMS: hazard mitigation into the mainstream him to make this legislation a reality.∑ S. 1693. A bill to protect the Social ∑ Mr. GRAHAM. Mr. President, I rise of community preparedness. We have Security surplus by requiring a seques- to join my distinguished colleague developed and implemented mitigation ter to eliminate any deficit; to the from Oklahoma in introducing legisla- projects using funding from the Hazard Committee on the Budget, pursuant to tion that creates public and private in- Mitigation Grant Program, the Flood the order of August 4, 1977, with in- centives to reduce the cost of future Mitigation Assistance Program and structions that if one Committee re- disasters. other public-private partnerships. ports, the other Committee has thirty On June 1st, the start of the 1999 Hur- Everyone has a role in reducing the days to report or be discharged. risks associated with natural and tech- ricane Season, the National Weather SOCIAL SECURITY SURPLUS PROTECTION ACT OF nological related hazards. Engineers, Service predicted that the United 1999 hospital administrators, business lead- States would face three or four intense Mr. GRAMS. Mr. President, I ask ers, regional planners and emergency hurricanes during the next six months. unanimous consent that the text of the We did not have a long wait to expe- managers and volunteers are all sig- bill be printed in the RECORD. rience the accuracy of that forecast. nificant contributors to mitigation ef- There being no objection, the bill was From September 12–15, 1999, Hurricane forts. ordered to be printed in the RECORD, as An effective mitigation project may Floyd dragged 140 mph winds and eight follows: be as basic as the Miami Wind Shutter foot tidal surges along the eastern sea- S. 1693 program. The installation of shutters board. Floyd caused flooding, torna- Be it enacted by the Senate and House of Rep- is a cost-effective mitigation measure resentatives of the United States of America in does, and massive damage from Florida that has proven effective in protecting to New Jersey. Evacuations were con- Congress assembled, buildings from hurricane force winds, SECTION 1. SHORT TITLE. ducted as far north as Delaware. This and in the process minimizing direct disaster claimed the lives of 68 people. This Act may be cited as the ‘‘Social Secu- and indirect losses to vulnerable facili- rity Surplus Protection Act of 1999’’. Initial damage estimates suggest that ties. These shutters significantly in- SEC. 2. SEQUESTER TO PROTECT THE SOCIAL SE- Floyd could cost the federal govern- crease strength and provide increased CURITY SURPLUS. ment more than $6 billion. Just days protection of life and property. Section 251 of the Balanced Budget and later, Tropical Storm Harvey struck In 1992, Hurricane Andrew did $17 Emergency Deficit Control Act of 1985 (2 Florida’s west coast. We are still as- million worth of damage to Baptist, U.S.C. 901) is amended by adding at the end sessing the combine effects of these the following: Miami South, and Mercy Hospitals in ‘‘(d) SOCIAL SECURITY SURPLUS PROTECTION storms. Miami. As a result, these hospitals Coming just seven years after Hurri- SEQUESTER.— were later retrofitted with wind shut- ‘‘(1) IN GENERAL.—Within 15 calendar days cane Andrew damaged 128,000 homes, ters through the Hazard Mitigation after Congress adjourns to end a session and left approximately 160,000 people home- Grant Program. on the same day as a sequestration (if any) less, and caused nearly $30 billion in Six years after Hurricane Andrew, under subsection (a), section 252, and section damage, this year’s developments re- Hurricane Georges brushed against 253, there shall be a sequestration to elimi- mind us of the inevitability and de- South Florida. The shutter project paid nate any on-budget deficit (excluding any structive power of Mother Nature. We dividends. Georges’ track motivated surplus in the Social Security Trust Funds). ‘‘(2) ELIMINATING DEFICIT.—The sequester must prepare for natural disasters if we evacuees to leave more vulnerable are going to minimize their dev- required by this subsection shall be applied areas of South Florida to seek shelter. in accordance with the procedures set forth astating effects. The protective shutters allowed these in subsection (a). The on-budget deficit shall It is impossible to stop violent three Miami hospitals to serve as a safe not be subject to adjustment for any pur- weather. But Congress can reduce the haven for 200 pregnant mothers, pre- pose.’’. losses from severe weather by legis- vented the need to evacuate critical f lating a comprehensive, nationwide patients, and helped the staff’s families ADDITIONAL COSPONSORS mitigation strategy. Senator INHOFE to secure shelter during the response and I have worked closely with FEMA, effort. S. 37 the National Emergency Management In July of 1994, Tropical Storm At the request of Mr. GRASSLEY, the Association, the National League of Alberto’s landfall in the Florida Pan- name of the Senator from Wyoming October 5, 1999 CONGRESSIONAL RECORD — SENATE S11957

(Mr. THOMAS) was added as a cosponsor S. 1020, a bill to amend chapter 1 of care and adoption services for Indian of S. 37, a bill to amend title XVIII of title 9, United States Code, to provide children in tribal areas. the Social Security Act to repeal the for greater fairness in the arbitration S. 1488 restriction on payment for certain hos- process relating to motor vehicle fran- At the request of Mr. GORTON, the pital discharges to post-acute care im- chise contracts. names of the Senator from Ohio (Mr. posed by section 4407 of the Balanced S. 1091 DEWINE), the Senator from New Mexico Budget Act of 1997. At the request of Mr. DEWINE, the (Mr. BINGAMAN), and the Senator from S. 391 name of the Senator from Wyoming Delaware (Mr. BIDEN) were added as co- At the request of Mr. KERREY, the (Mr. ENZI) was added as a cosponsor of sponsors of S. 1488, a bill to amend the name of the Senator from Maryland S. 1091, a bill to amend the Public Public Health Service Act to provide (Ms. MIKULSKI) was added as a cospon- Health Service Act to provide for the for recommendations of the Secretary sor of S. 391, a bill to provide for pay- establishment of a pediatric research of Health and Human Services regard- ments to children’s hospitals that oper- initiative. ing the placement of automatic exter- ate graduate medical education pro- S. 1144 nal defibrillators in Federal buildings grams. At the request of Mr. VOINOVICH, the in order to improve survival rates of S. 414 name of the Senator from New York individuals who experience cardiac ar- At the request of Mr. GRASSLEY, the (Mr. SCHUMER) was added as a cospon- rest in such buildings, and to establish name of the Senator from Montana sor of S. 1144, a bill to provide in- protections from civil liability arising (Mr. BAUCUS) was added as a cosponsor creased flexibility in use of highway from the emergency use of the devices. of S. 414, a bill to amend the Internal funding, and for other purposes. S. 1500 Revenue Code of 1986 to provide a 5- S. 1187 At the request of Mr. HATCH, the year extension of the credit for pro- At the request of Mr. DORGAN, the names of the Senator from North Caro- ducing electricity from wind, and for name of the Senator from Illinois (Mr. lina (Mr. HELMS), the Senator from other purposes. DURBIN) was added as a cosponsor of S. Wyoming (Mr. THOMAS), the Senator S. 472 1187, a bill to require the Secretary of from Connecticut (Mr. LIEBERMAN), and At the request of Mr. GRASSLEY, the the Treasury to mint coins in com- the Senator from Minnesota (Mr. name of the Senator from Wyoming memoration of the bicentennial of the GRAMS) were added as cosponsors of S. (Mr. THOMAS) was added as a cosponsor Lewis and Clark Expedition, and for 1500, a bill to amend title XVIII of the of S. 472, a bill to amend title XVIII of other purposes. Social Security Act to provide for an the Social Security Act to provide cer- S. 1227 additional payment for services pro- tain medicare beneficiaries with an ex- At the request of Mr. CHAFEE, the vided to certain high-cost individuals emption to the financial limitations name of the Senator from Connecticut under the prospective payment system imposed on physical, speech-language (Mr. LIEBERMAN) was added as a co- for skilled nursing facility services, pathology, and occupational therapy sponsor of S. 1227, a bill to amend title and for other purposes. services under part B of the medicare IV of the Personal Responsibility and S. 1547 program, and for other purposes. Work Opportunity Reconciliation Act At the request of Mr. BURNS, the S. 661 of 1996 to provide States with the op- name of the Senator from Maine (Ms. At the request of Mr. ABRAHAM, the tion to allow legal immigrant pregnant SNOWE) was added as a cosponsor of S. name of the Senator from Illinois (Mr. women and children to be eligible for 1547, a bill to amend the Communica- FITZGERALD) was added as a cosponsor medical assistance under the medical tions Act of 1934 to require the Federal of S. 661, a bill to amend title 18, program, and for other purposes. Communications Commission to pre- United States Code, to prohibit taking S. 1277 serve low-power television stations minors across State lines in cir- At the request of Mr. GRASSLEY, the that provide community broadcasting, cumvention of laws requiring the in- names of the Senator from North Caro- and for other purposes. volvement of parents in abortion deci- lina (Mr. HELMS), the Senator from S. 1580 sions. Connecticut (Mr. LIEBERMAN), and the At the request of Mr. ROBERTS, the S. 774 Senator from Arkansas (Mr. HUTCH- name of the Senator from Georgia (Mr. At the request of Mr. BREAUX, the INSON) were added as cosponsors of S. CLELAND) was added as a cosponsor of name of the Senator from California 1277, a bill to amend title XIX of the S. 1580, a bill to amend the Federal (Mrs. FEINSTEIN) was added as a co- Social Security Act to establish a new Crop Insurance Act to assist agricul- sponsor of S. 774, a bill to amend the prospective payment system for Feder- tural producers in managing risk, and Internal Revenue Code of 1986 to in- ally-qualified health centers and rural for other purposes. crease the deduction for meal and en- health clinics. S. 1623 tertainment expenses of small busi- S. 1384 nesses. At the request of Mr. ABRAHAM, the At the request of Mr. SPECTER, the S. 874 name of the Senator from Oregon (Mr. names of the Senator from Tennessee At the request of Mr. INOUYE, the SMITH) was added as a cosponsor of S. (Mr. FRIST) and the Senator from Or- name of the Senator from California 1384, a bill to amend the Public Health egon (Mr. SMITH) were added as cospon- (Mrs. FEINSTEIN) was added as a co- Service Act to provide for a national sors of S. 1623, a bill to select a Na- sponsor of S. 874, a bill to repeal the re- folic acid education program to pre- tional Health Museum site. duction in the deductible portion of ex- vent birth defects, and for other pur- S. 1653 penses for business meals and enter- poses. At the request of Mr. CHAFEE, the tainment. S. 1453 name of the Senator from Maine (Ms. S. 1003 At the request of Mr. FRIST, the SNOWE) was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, name of the Senator from Georgia (Mr. 1653, a bill to reauthorize and amend the name of the Senator from Colorado CLELAND) was added as a cosponsor of the National Fish and Wildlife founda- (Mr. ALLARD) was added as a cosponsor S. 1453, a bill to facilitate relief efforts tion Establishment Act. of S. 1003, a bill to amend the Internal and a comprehensive solution to the SENATE RESOLUTION 92 Revenue Code of 1986 to provide in- war in Sudan. At the request of Mrs. BOXER, the creased tax incentives for the purchase S. 1478 name of the Senator from Connecticut of alternative fuel and electric vehicle, At the request of Mr. DASCHLE, the (Mr. LIEBERMAN) was added as a co- and for other purposes. name of the Senator from Massachu- sponsor of Senate Resolution 92, a reso- S. 1020 setts (Mr. KERRY) was added as a co- lution expressing the sense of the Sen- At the request of Mr. GRASSLEY, the sponsor of S. 1478, a bill to amend part ate that funding for prostate cancer re- name of the Senator from Rhode Island E of title IV of the Social Security Act search should be increased substan- (Mr. REED) was added as a cosponsor of to provide equitable access for foster tially. S11958 CONGRESSIONAL RECORD — SENATE October 5, 1999 SENATE RESOLUTION 118 Resolved, This force provided invaluable support At the request of Mr. REID, the (a) That the Senate— to our national security and strategic names of the Senator from North Caro- (1) commends the past and present per- nuclear deterrence. The end of the cold sonnel of the submarine force of the United lina (Mr. EDWARDS), the Senator from States Navy for their technical excellence, war has been credited in part to the de- Virginia (Mr. WARNER), the Senator accomplishments, professionalism, and sac- terrent role that the strategic ballistic from New Jersey (Mr. LAUTENBERG), rifices; and submarine played in our nuclear triad. and the Senator from Montana (Mr. (B) congratulates those personnel for the Through the 1980’s and 1990’s the sub- BAUCUS) were added as cosponsors of 100 years of exemplary service that they marine force has continued to con- Senate Resolution 118, a resolution des- have provided the United States. tribute to all aspects of our country’s ignating December 12, 1999, as ‘‘Na- (b) It is the sense of the Senate that, in the national security strategy from Desert tional Children’s Memorial Day.’’ next millennium, the submarine force of the Storm to Yugoslavia. The sailors who SENATE RESOLUTION 179 United States Navy should continue to com- prise an integral part of the Navy, and to have taken our submarines to sea over At the request of Mr. BIDEN, the carry out missions that are key to maintain- the years should be commended for name of the Senator from Delaware ing our great Nation’s freedom and security their outstanding service and perform- (Mr. ROTH) was added as a cosponsor of as the most superior submarine force in the ance. Always on the cutting edge, the Senate Resolution 179, a resolution des- world. submarine force will help the Navy sus- ignating October 15, 1999, as ‘‘National ∑ Mr. WARNER. Mr. President, my col- tain the adaptability necessary to Mammography Day.’’ league from the great state of Con- maintain our national security in and f necticut Senator DODD and I rise today around the oceans of our world. SENATE RESOLUTION 196—COM- to pay tribute to the Naval Submarine Mr. WARNER. Mr. President, Sen- MENDING THE SUBMARINE Force and to submit a resolution to ator DODD and I would like to con- FORCE OF THE UNITED STATES commemorate the 100th anniversary of gratulate the Naval Submarine Force NAVY ON THE 100TH ANNIVER- this outstanding institution. on its 100th anniversary and on all the SARY OF THE FORCE In the year 2000 the United States accomplishments it has achieved dur- Navy Submarine Force celebrates its By Mr. WARNER (for himself and Mr. ing that time. one hundredth anniversary. On a personal note, I wish to ac- DODD) submitted the following resolu- The Submarine Force began with the tion; which was considered and agreed knowledge the contributions of the purchase of U.S.S. Holland on April 11, Submarine Force Senior Leadership to: 1900. The past 100 years have witnessed S. RES. 196 since its inception, many of whom I am the evolution of a force that mastered proud to have known and worked close- Whereas the submarine force of the United submersible warfare, introduced nu- ly with over the years. And for the next States was founded with the purchase of the clear propulsion to create the true sub- U.S.S. HOLLAND on April 11, 1900; 100 years, may our Submarine Force Whereas in overcoming destruction result- marine, and for decades patrolled the run silent, run deep. deep ocean front line: the hottest part ing from the attack of United States forces f at Pearl Harbor, Hawaii, on December 7, 1941, of an otherwise cold war. and difficulties with defective torpedoes, the Beginning in World War I the Sub- AMENDMENTS SUBMITTED ON submarine force destroyed 1,314 enemy ships marine Force began to support na- OCTOBER 4, 1999 in World War II (weighing a cumulative tional interests through offensive and 5,300,000 tons), which accounts for 55 percent defensive operations in the Atlantic. of all enemy ships lost in World War II; Using lessons learned from German U- AIR TRANSPORTATION Whereas 16,000 United States submariners boat design, the US Submarine Force served with courage during World War II, IMPROVEMENT ACT and 7 United States submariners were award- developed advanced diesel submarine ed Congressional Medals of Honor for their designs during the inter-war years. In distinguished gallantry in combat above and spite of a hesitant beginning due to MCCAIN (AND OTHERS) beyond the call of duty; Pearl Harbor and difficulties with de- AMENDMENT NO. 1891 Whereas in achieving an impressive World fective torpedoes, the World War II Mr. GORTON (for Mr. MCCAIN (for War II record, the submarine force suffered submarine force destroyed 1,314 enemy the highest casualty rate of any combatant himself, Mr. GORTON, and Mr. ROCKE- ships (5.3 million tons), which trans- FELLER)) proposed an amendment to submarine service of the warring alliances, lated into 55 percent of all enemy ships losing 375 officers and 3,131 enlisted men in 52 the bill (S. 82) to authorize appropria- submarines; lost. Out of 16,000 submariners, the tions for the Federal Aviation Admin- Whereas from 1948 to 1955, the submarine force lost 375 officers and 3,131 enlisted istration, and for other purposes; as force, with leadership provided by Admiral men in fifty-two submarines, the high- follows: Hyman Rickover and others, developed an est casualty rate of any combatant Strike out all after the enacting clause and industrial base in a new technology, pio- submarine service on any side in the insert the following: neered new materials, designed and built a conflict. Seven Congressional Medals of prototype reactor, established a training SECTION 1. SHORT TITLE; TABLE OF SECTIONS. Honor were awarded to submariners (a) SHORT TITLE.—This Act may be cited as program, and took to sea the world’s first during World War II for distinguished nuclear-powered submarine, the U.S.S. NAU- the ‘‘Air Transportation Improvement Act’’. TILUS, thus providing America undersea su- gallantry in combat. (b) TABLE OF SECTIONS.—The table of sec- periority; Mr. DODD. After World War II the tions for this Act is as follows: Whereas subsequent to the design of the Submarine Force began experimenting Sec. 1. Short title; table of sections. U.S.S. NAUTILUS, the submarine force con- with high speed, sophisticated silenc- Sec. 2. Amendments to title 49, United tinued to develop and put to sea the world’s ing techniques, sensitive sonic detec- States Code. most advanced and capable submarines, tion, and deeper diving designs. Admi- TITLE I—AUTHORIZATIONS which were vital to maintaining our national ral Hyman G. Rickover lead the effort Sec. 101. Federal Aviation Administration security during the Cold War; which resulted in the world’s first nu- operations. Whereas the United States Navy, with Sec. 102. Air navigation facilities and equip- leadership provided by Admiral Red Raborn, clear powered submarine, USS Nautilus, ment. developed the world’s first operational bal- commissioned in 1955. The advent of Sec. 103. Airport planning and development listic missile submarine, which provided an nuclear propulsion resulted in the first and noise compatibility plan- invaluable asset to our Nation’s strategic true submarine, a vessel that was truly ning and programs. nuclear deterrent capability, and contrib- free to operate unrestricted below the Sec. 104. Reprogramming notification re- uted directly to the eventual conclusion of surface of the ocean. quirement. the Cold War; and Continued development of advanced Sec. 105. Airport security program. Whereas in 1999, the submarine force pro- submarine designs lead to the most ca- Sec. 106. Automated surface observation sys- vides the United States Navy with the abil- pable submarine fleet in the world. The tem stations. ity to operate around the world, independent of outside support, from the open ocean to United States Navy, led by Admiral TITLE II—AIRPORT IMPROVEMENT the littorals, carrying out multimission Red Raborn, also fielded the world’s PROGRAM AMENDMENTS taskings on tactical, operational, and stra- first operational submarine launched Sec. 201. Removal of the cap on discre- tegic levels: Now, therefore, be it ballistic missile platform in the world. tionary fund. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11959 Sec. 202. Innovative use of airport grant Sec. 425. Authority to sell aircraft and air- TITLE VII—TITLE 49 TECHNICAL funds. craft parts for use in responding CORRECTIONS Sec. 203. Matching share. to oil spills. Sec. 701. Restatement of 49 U.S.C. 106(g). Sec. 204. Increase in apportionment for noise Sec. 426. Aircraft and aviation component Sec. 702. Restatement of 49 U.S.C. 44909. compatibility planning and pro- repair and maintenance advi- TITLE VIII—TRANSFER OF grams. sory panel. AERONAUTICAL CHARTING ACTIVITY Sec. 205. Technical amendments. Sec. 427. Aircraft situational display data. Sec. 801. Transfer of functions, powers, and Sec. 206. Report on efforts to implement ca- Sec. 428. Allocation of Trust Fund funding. duties. pacity enhancements. Sec. 429. Taos Pueblo and Blue Lakes Wil- Sec. 802. Transfer of office, personnel, and Sec. 207. Prioritization of discretionary derness Area demonstration funds. projects. project. Sec. 803. Amendment of title 49, United Sec. 208. Public notice before grant assur- Sec. 430. Airline marketing disclosure. Sec. 431. Compensation under the Death on States Code. ance requirement waived. Sec. 804. Savings provision. the High Seas Act. Sec. 209. Definition of public aircraft. Sec. 805. National ocean survey. Sec. 432. FAA study of breathing hoods. Sec. 210. Terminal development costs. Sec. 806. Sale and distribution of nautical Sec. 433. FAA study of alternative power Sec. 211. Airfield pavement conditions. and aeronautical products by sources for flight data recorders Sec. 212. Discretionary grants. NOAA. Sec. 213. Contract tower cost-sharing. and cockpit voice recorders. Sec. 434. Passenger facility fee letters of in- SEC. 2. AMENDMENTS TO TITLE 49, UNITED TITLE III—AMENDMENTS TO AVIATION STATES CODE. tent. LAW Except as otherwise expressly provided, Sec. 435. Elimination of HAZMAT enforce- whenever in this Act an amendment or re- Sec. 301. Severable services contracts for pe- ment backlog. riods crossing fiscal years. Sec. 436. FAA evaluation of long-term cap- peal is expressed in terms of an amendment Sec. 302. Stage 3 noise level compliance for ital leasing. to, or a repeal of, a section or other provi- certain aircraft. Sec. 437. Discriminatory practices by com- sion, the reference shall be considered to be Sec. 303. Government and industry con- puter reservations system out- made to a section or other provision of title sortia. side the United States. 49, United States Code. Sec. 304. Implementation of Article 83 Bis of Sec. 438. Prohibitions against smoking on TITLE I—AUTHORIZATIONS the Chicago Convention. scheduled flights. SEC. 101. FEDERAL AVIATION ADMINISTRATION Sec. 305. Foreign aviation services author- Sec. 439. Designating current and former OPERATIONS. ity. military airports. (a) IN GENERAL.—Section 106(k) is amended Sec. 306. Flexibility to perform criminal his- Sec. 440. Rolling stock equipment. to read as follows: tory record checks; technical Sec. 441. Monroe Regional Airport land con- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS amendments to Pilot Records veyance. FOR OPERATIONS.— Improvement Act. Sec. 442. Cinncinati-Municipal Blue Ash Air- ‘‘(1) IN GENERAL.—There are authorized to Sec. 307. Extension of Aviation Insurance port. be appropriated to the Secretary of Trans- Program. Sec. 443. Report on Specialty Metals Consor- portation for operations of the Administra- Sec. 308. Technical corrections to civil pen- tium. tion $5,632,000,000 for fiscal year 1999, alty provisions. Sec. 444. Pavement condition. $5,784,000,000 for fiscal year 2000, $6,073,000,000 Sec. 309. Criminal penalty for pilots oper- Sec. 445. Inherently low-emission airport ve- for fiscal year 2001, and $6,377,000,000 for fis- ating in air transportation hicle pilot program. cal year 2002. Of the amounts authorized to without an airman’s certificate. Sec. 446. Conveyance of airport property to be appropriated for fiscal year 2000, not more Sec. 310. Nondiscriminatory interline inter- an institution of higher edu- than $9,100,000 shall be used to support air connection requirements. cation in Oklahoma. safety efforts through payment of United Sec. 311. Review process for emergency or- Sec. 447. Automated Surface Observation States membership obligations, to be paid as ders under section 44709. System/Automated Weather soon as practicable. TITLE IV—MISCELLANEOUS Observing System Upgrade. ‘‘(2) AUTHORIZED EXPENDITURES.—Of the Sec. 448. Terminal Automated Radar Dis- Sec. 401. Oversight of FAA response to year amounts appropriated under paragraph (1) play and Information System. 2000 problem. $450,000 may be used for wildlife hazard miti- Sec. 449. Cost/benefit analysis for retrofit of Sec. 402. Cargo collision avoidance systems gation measures and management of the 16G seats. deadline. wildlife strike database of the Federal Avia- Sec. 450. Raleigh County, West Virginia, Me- Sec. 403. Runway safety areas; precision ap- tion Administration. morial Airport. proach path indicators. ‘‘(3) UNIVERSITY CONSORTIUM.—There are Sec. 451. Airport safety needs. authorized to be appropriated not more than Sec. 404. Airplane emergency locators. Sec. 452. Flight training of international Sec. 405. Counterfeit aircraft parts. $9,100,000 for the 3 fiscal year period begin- students. ning with fiscal year 2000 to support a uni- Sec. 406. FAA may fine unruly passengers. Sec. 453. Grant Parish, Louisiana. Sec. 407. Higher standards for handicapped versity consortium established to provide an access. TITLE V—AVIATION COMPETITION air safety and security management certifi- Sec. 408. Conveyances of United States Gov- PROMOTION cate program, working cooperatively with ernment land. Sec. 501. Purpose. the Federal Aviation Administration and Sec. 409. Flight operations quality assurance Sec. 502. Establishment of small community United States air carriers. Funds authorized rules. aviation development program. under this paragraph— Sec. 410. Wide area augmentation system. Sec. 503. Community-carrier air service pro- ‘‘(A) may not be used for the construction Sec. 411. Regulation of Alaska guide pilots. gram. of a building or other facility; and Sec. 412. Alaska rural aviation improve- Sec. 504. Authorization of appropriations. ‘‘(B) shall be awarded on the basis of open ment. Sec. 505. Marketing practices. competition.’’. Sec. 413. Human factors program. Sec. 506. Slot exemptions for nonstop re- (b) COORDINATION.—The authority granted Sec. 414. Independent validation of FAA gional jet service. the Secretary under section 41720 of title 49, costs and allocations. Sec. 507. Exemptions to perimeter rule at United States Code, does not affect the Sec- Sec. 415. Application of Federal Procure- Ronald Reagan Washington Na- retary’s authority under any other provision ment Policy Act. tional Airport. of law. Sec. 416. Report on modernization of oceanic Sec. 508. Additional slot exemptions at Chi- SEC. 102. AIR NAVIGATION FACILITIES AND ATC system. cago O’Hare International Air- EQUIPMENT. Sec. 417. Report on air transportation over- port. (a) IN GENERAL.—Section 48101(a) is amend- sight system. Sec. 509. Consumer notification of e-ticket ed by striking paragraphs (1) and (2) and in- Sec. 418. Recycling of EIS. expiration dates. serting the following: Sec. 419. Protection of employees providing Sec. 510. Regional air service incentive op- ‘‘(1) $2,131,000,000 for fiscal year 1999. air safety information. tions. ‘‘(2) $2,689,000,000 for fiscal year 2000. Sec. 420. Improvements to air navigation fa- TITLE VI—NATIONAL PARKS ‘‘(3) $2,799,000,000 for fiscal year 2001. cilities. OVERFLIGHTS ‘‘(4) $2,914,000,000 for fiscal year 2002.’’. Sec. 421. Denial of airport access to certain Sec. 601. Findings. (b) CONTINUATION OF ILS INVENTORY PRO- air carriers. Sec. 602. Air tour management plans for na- GRAM.—Section 44502(a)(4)(B) is amended— Sec. 422. Tourism. tional parks. (1) by striking ‘‘fiscal years 1995 and 1996’’ Sec. 423. Sense of the Senate on property Sec. 603. Advisory group. and inserting ‘‘fiscal years 1999 through taxes on public-use airports. Sec. 604. Overflight fee report. 2002’’; and Sec. 424. Federal Aviation Administration Sec. 605. Prohibition of commercial air (2) by striking ‘‘acquisition,’’ and inserting Personnel Management Sys- tours over the Rocky Mountain ‘‘acquisition under new or existing con- tem. National Park. tracts,’’. S11960 CONGRESSIONAL RECORD — SENATE October 5, 1999

(c) LIFE-CYCLE COST ESTIMATES.—The Ad- than $5,000,000 for the purpose of carrying available by the Secretary for any public air- ministrator of the Federal Aviation Admin- out this section.’’. port in those respective jurisdictions.’’. istration shall establish life-cycle cost esti- (b) CONFORMING AMENDMENT.—The chapter (b) SUPPLEMENTAL APPORTIONMENT FOR mates for any air traffic control moderniza- analysis for such chapter (as amended by ALASKA.—Section 47114(e) is amended— tion project the total life-cycle costs of section 202(b) of this Act) is amended by in- (1) by striking ‘‘ALTERNATIVE’’ in the sub- which equal or exceed $50,000,000. serting after the item relating to section section caption and inserting ‘‘SUPPLE- SEC. 103. AIRPORT PLANNING AND DEVELOP- 47135 the following: MENTAL’’; MENT AND NOISE COMPATIBILITY ‘‘47136. Airport security program.’’. (2) in paragraph (1) by— PLANNING AND PROGRAMS. (A) striking ‘‘Instead of apportioning SEC. 106. AUTOMATED SURFACE OBSERVATION XTENSION AND UTHORIZATION (a) E A .—Sec- SYSTEM STATIONS. amounts for airports in Alaska under’’ and tion 48103 is amended by striking inserting ‘‘Notwithstanding’’; and The Administrator of the Federal Aviation ‘‘$2,050,000,000 for the period beginning Octo- (B) striking ‘‘those airports’’ and inserting Administration shall not terminate human ber 1, 1998, and ending August 6, 1999.’’ and ‘‘airports in Alaska’’; and weather observers for Automated Surface inserting ‘‘$2,410,000,000 for fiscal years end- (3) striking paragraph (3) and inserting the Observation System stations until— ing before October 1, 1999, $4,885,000,000 for following: (1) the Secretary of Transportation deter- fiscal years ending before October 1, 2000, ‘‘(3) An amount apportioned under this mines that the System provides consistent $7,295,000,000 for fiscal years ending before subsection may be used for any public air- reporting of changing meteorological condi- October 1, 2001, and $9,705,000,000 for fiscal port in Alaska.’’. tions and notifies the Congress in writing of years ending before October 1, 2002.’’. (c) REPEAL OF APPORTIONMENT LIMITATION that determination; and (b) PROJECT GRANT AUTHORITY.—Section ON COMMERCIAL SERVICE AIRPORTS IN ALAS- (2) 60 days have passed since the report was 47104(c) is amended by striking ‘‘August 6, KA.—Section 47117 is amended by striking submitted to the Congress. 1999,’’ and inserting ‘‘September 30, 2002,’’. subsection (f) and redesignating subsections SEC. 104. REPROGRAMMING NOTIFICATION RE- TITLE II—AIRPORT IMPROVEMENT (g) and (h) as subsections (f) and (g), respec- QUIREMENT. PROGRAM AMENDMENTS tively. Before reprogramming any amounts appro- SEC. 201. REMOVAL OF THE CAP ON DISCRE- (d) CONTINUATION OF PROJECT FUNDING.— priated under section 106(k), 48101(a), or 48103 TIONARY FUND. Section 47108 is amended by adding at the of title 49, United States Code, for which no- Section 47115(g) is amended by striking end thereof the following: tification of the Committees on Appropria- paragraph (4). ‘‘(e) CHANGE IN AIRPORT STATUS.—If the status of a primary airport changes to a non- tions of the Senate and the House of Rep- SEC. 202. INNOVATIVE USE OF AIRPORT GRANT resentatives is required, the Secretary of FUNDS. primary airport at a time when a develop- ment project under a multiyear agreement Transportation shall submit a written expla- (a) CODIFICATION AND IMPROVEMENT OF 1996 under subsection (a) is not yet completed, nation of the proposed reprogramming to the PROGRAM.—Subchapter I of chapter 471 is Committee on Commerce, Science, and amended by adding at the end thereof the the project shall remain eligible for funding Transportation of the Senate and the Com- following: from discretionary funds under section 47115 of this title at the funding level and under mittee on Transportation and Infrastructure ‘‘§ 47135. Innovative financing techniques of the House of Representatives. the terms provided by the agreement, sub- ‘‘(a) IN GENERAL.—The Secretary of Trans- SEC. 105. AIRPORT SECURITY PROGRAM. ject to the availability of funds.’’. portation is authorized to carry out a dem- (e) GRANT ELIGIBILITY FOR PRIVATE RE- (a) IN GENERAL.—Chapter 471 (as amended onstration program under which the Sec- LIEVER AIRPORTS.—Section 47102(17)(B) is by section 202(a) of this Act) is amended by retary may approve applications under this amended— adding at the end thereof the following new subchapter for not more than 20 projects for (1) by striking ‘‘or’’ at the end of clause (i) section: which grants received under the subchapter and redesignating clause (ii) as clause (iii); ‘‘§ 47136. Airport security program may be used to implement innovative financ- and ‘‘(a) GENERAL AUTHORITY.—To improve se- ing techniques. (2) by inserting after clause (i) the fol- curity at public airports in the United ‘‘(b) PURPOSE.—The purpose of the dem- lowing: States, the Secretary of Transportation shall onstration program shall be to provide infor- ‘‘(ii) a privately-owned airport that, as a carry out not less than 1 project to test and mation on the use of innovative financing reliever airport, received Federal aid for air- evaluate innovative aviation security sys- techniques for airport development projects. port development prior to October 9, 1996, tems and related technology. ‘‘(c) LIMITATION.—In no case shall the im- but only if the Administrator issues revised ‘‘(b) PRIORITY.—In carrying out this sec- plementation of an innovative financing administrative guidance after July 1, 1998, tion, the Secretary shall give the highest technique under this section be used in a for the designation of reliever airports; or’’. priority to a request from an eligible sponsor manner giving rise to a direct or indirect (f) RELIEVER AIRPORTS NOT ELIGIBLE FOR for a grant to undertake a project that— guarantee of any airport debt instrument by LETTERS OF INTENT.—Section 47110(e)(1) is ‘‘(1) evaluates and tests the benefits of in- the United States Government. amended by striking ‘‘or reliever’’. novative aviation security systems or re- ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE- (g) PASSENGER FACILITY FEE WAIVER FOR lated technology, including explosives detec- FINED.—In this section, the term ‘innovative CERTAIN CLASS OF CARRIERS.—Section tion systems, for the purpose of improving financing technique’ includes methods of fi- 40117(e)(2) is amended— aviation and aircraft physical security, ac- nancing projects that the Secretary deter- (1) by striking ‘‘and’’ after the semicolon cess control, and passenger and baggage mines may be beneficial to airport develop- in subparagraph (B); screening; and ment, including— (2) by striking ‘‘payment.’’ in subpara- ‘‘(2) provides testing and evaluation of air- ‘‘(1) payment of interest; graph (C) and inserting ‘‘payment;’’ and port security systems and technology in an ‘‘(2) commercial bond insurance and other (3) by adding at the end thereof the fol- operational, testbed environment. credit enhancement associated with airport lowing: ‘‘(c) MATCHING SHARE.—Notwithstanding bonds for eligible airport development; and ‘‘(D) on flights, including flight segments, section 47109, the United States Govern- ‘‘(3) flexible non-Federal matching require- between 2 or more points in Hawaii.’’. ment’s share of allowable project costs for a ments.’’. (h) PASSENGER FACILITY FEE WAIVER FOR project under this section is 100 percent. (b) CONFORMING AMENDMENT.—The chapter CERTAIN CLASS OF CARRIERS OR FOR SERVICE ‘‘(d) TERMS AND CONDITIONS.—The Sec- analysis for chapter 471 is amended by in- TO AIRPORTS IN ISOLATED COMMUNITIES.—Sec- retary may establish such terms and condi- serting after the item relating to section tion 40117(i) is amended— tions as the Secretary determines appro- 47134 the following: (1) by striking ‘‘and’’ at the end of para- graph (1); priate for carrying out a project under this ‘‘47135. Innovative financing techniques.’’. section, including terms and conditions re- (2) by striking ‘‘transportation.’’ in para- lating to the form and content of a proposal SEC. 203. MATCHING SHARE. graph (2)(D) and inserting ‘‘transportation; for a project, project assurances, and sched- Section 47109(a)(2) is amended by inserting and’’; and ule of payments. ‘‘not more than’’ before ‘‘90 percent’’. (3) by adding at the end thereof the fol- ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this SEC. 204. INCREASE IN APPORTIONMENT FOR lowing: section, the term ‘eligible sponsor’ means a NOISE COMPATIBILITY PLANNING ‘‘(3) may permit a public agency to request nonprofit corporation composed of a consor- AND PROGRAMS. that collection of a passenger facility fee be tium of public and private persons, including Section 47117(e)(1)(A) is amended by strik- waived for— a sponsor of a primary airport, with the nec- ing ‘‘31’’ each time it appears and inserting ‘‘(A) passengers enplaned by any class of essary engineering and technical expertise to ‘‘35’’. air carrier or foreign air carrier if the num- successfully conduct the testing and evalua- SEC. 205. TECHNICAL AMENDMENTS. ber of passengers enplaned by the carriers in tion of airport and aircraft related security (a) USE OF APPORTIONMENTS FOR ALASKA, the class constitutes not more than one per- systems. PUERTO RICO, AND HAWAII.—Section cent of the total number of passengers en- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 47114(d)(3) is amended to read as follows: planed annually at the airport at which the Of the amounts made available to the Sec- ‘‘(3) An amount apportioned under para- fee is imposed; or retary under section 47115 in a fiscal year, graph (2) of this subsection for airports in ‘‘(B) passengers enplaned on a flight to an the Secretary shall make available not less Alaska, Hawaii, or Puerto Rico may be made airport— October 5, 1999 CONGRESSIONAL RECORD — SENATE S11961 ‘‘(i) that has fewer than 2,500 passenger ‘‘(4) The Secretary may permit the use of ministrator of the Federal Aviation Admin- boardings each year and receives scheduled State highway specifications for airfield istration shall discourage airport sponsors passenger service; or pavement construction using funds made and airports from using entitlement funds ‘‘(ii) in a community which has a popu- available under this subsection at nonpri- for lower priority projects by giving lower lation of less than 10,000 and is not connected mary airports with runways of 5,000 feet or priority to discretionary projects submitted by a land highway or vehicular way to the shorter serving aircraft that do not exceed by airport sponsors and airports that have land-connected National Highway System 60,000 pounds gross weight, if the Secretary used entitlement funds for projects that have within a State.’’. determines that— a lower priority than the projects for which (i) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY ‘‘(A) safety will not be negatively affected; discretionary funds are being requested.’’. FOR AIRPORTS IN SURPLUS PROPERTY DIS- and SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSUR- POSAL.— ‘‘(B) the life of the pavement will not be ANCE REQUIREMENT WAIVED. (1) Section 47151 is amended— shorter than it would be if constructed using (a) IN GENERAL.—Notwithstanding any (A) by striking ‘‘give’’ in subsection (a) and Administration standards. other provision of law to the contrary, the inserting ‘‘convey to’’; An airport may not seek funds under this Secretary of Transportation may not waive (B) by striking ‘‘gift’’ in subsection (a)(2) subchapter for runway rehabilitation or re- any assurance required under section 47107 of and inserting ‘‘conveyance’’; construction of any such airfield pavement title 49, United States Code, that requires (C) by striking ‘‘giving’’ in subsection (b) constructed using State highway specifica- property to be used for aeronautical purposes and inserting ‘‘conveying’’; tions for a period of 10 years after construc- unless the Secretary provides notice to the (D) by striking ‘‘gift’’ in subsection (b) and tion is completed.’’. public not less than 30 days before issuing inserting ‘‘conveyance’’; and (n) ELIGIBILITY OF RUNWAY INCURSION PRE- any such waiver. Nothing in this section (E) by adding at the end thereof the fol- VENTION DEVICES.— shall be construed to authorize the Secretary lowing: (1) POLICY.—Section 47101(a)(11) is amended to issue a waiver of any assurance required ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Ex- by inserting ‘‘(including integrated in-pave- under that section. cept for requests from another Federal agen- ment lighting systems for runways and (b) EFFECTIVE DATE.—This section applies cy, a department, agency, or instrumentality taxiways and other runway and taxiway in- to any request filed on or after the date of of the Executive Branch of the United States cursion prevention devices)’’ after ‘‘activi- enactment of this Act. Government shall give priority to a request ties’’. SEC. 209. DEFINITION OF PUBLIC AIRCRAFT. by a public agency (as defined in section (2) MAXIMUM USE OF SAFETY FACILITIES.— Section 40102(a)(37)(B)(ii) is amended— 47102 of this title) for surplus property de- Section 47101(f) is amended— (1) by striking ‘‘or’’ at the end of subclause scribed in subsection (a) of this section for (A) by striking ‘‘and’’ at the end of para- (I); use at a public airport.’’. graph (9); and (2) by striking the ‘‘States.’’ in subclause (2) Section 47152 is amended— (B) by striking ‘‘area.’’ in paragraph (10) (II) and inserting ‘‘States; or’’; and (A) by striking ‘‘gifts’’ in the section cap- and inserting ‘‘area; and’’; and (3) by adding at the end thereof the fol- tion and inserting ‘‘conveyances’’; and (C) by adding at the end the following: lowing: (B) by striking ‘‘gift’’ in the first sentence ‘‘(11) runway and taxiway incursion pre- ‘‘(III) transporting persons aboard the air- and inserting ‘‘conveyance’’. vention devices, including integrated in- craft if the aircraft is operated for the pur- (3) The chapter analysis for chapter 471 is pavement lighting systems for runways and pose of prisoner transport.’’. amended by striking the item relating to taxiways.’’. section 47152 and inserting the following: SEC. 210. TERMINAL DEVELOPMENT COSTS. (3) AIRPORT DEVELOPMENT DEFINED.—Sec- Section 40117 is amended by adding at the ‘‘47152. Terms of conveyances.’’. tion 47102(3)(B)(ii) is amended by inserting end thereof the following: (4) Section 47153(a) is amended— ‘‘and including integrated in-pavement light- ‘‘(j) SHELL OF TERMINAL BUILDING.—In (A) by striking ‘‘gift’’ in paragraph (1) and ing systems for runways and taxiways and order to enable additional air service by an inserting ‘‘conveyance’’; other runway and taxiway incursion preven- air carrier with less than 50 percent of the (B) by striking ‘‘given’’ in paragraph (1)(A) tion devices’’ before the semicolon at the scheduled passenger traffic at an airport, the and inserting ‘‘conveyed’’; and end. Secretary may consider the shell of a ter- (C) by striking ‘‘gift’’ in paragraph (1)(B) (o) TECHNICAL AMENDMENTS.—Section minal building (including heating, ventila- and inserting ‘‘conveyance’’. 47116(d) is amended— tion, and air conditioning) and aircraft fuel- (j) MINIMUM APPORTIONMENT.—Section (1) by striking ‘‘In making’’ and inserting ing facilities adjacent to an 47114(c)(1)(B) is amended by adding at the the following: building to be an eligible airport-related end thereof the following: ‘‘For fiscal years ‘‘(1) CONSTRUCTION OF NEW RUNWAYS.—In project under subsection (a)(3)(E).’’. beginning after fiscal year 1999, the pre- making’’; SEC. 211. AIRFIELD PAVEMENT CONDITIONS. ceding sentence shall be applied by sub- (2) by adding at the end the following: (a) EVALUATION OF OPTIONS.—The Adminis- stituting ‘$650,000’ for ‘$500,000’.’’. ‘‘(2) AIRPORT DEVELOPMENT FOR TURBINE trator of the Federal Aviation Administra- (k) APPORTIONMENT FOR CARGO ONLY AIR- POWERED AIRCRAFT.—In making grants to PORTS.— tion shall evaluate options for improving the sponsors described in subsection (b)(1), the quality of information available to the Ad- (1) Section 47114(c)(2)(A) is amended by Secretary shall give priority consideration striking ‘‘2.5 percent’’ and inserting ‘‘3 per- ministration on airfield pavement conditions to airport development projects to support for airports that are part of the national air cent’’. operations by turbine powered aircraft, if the (2) Section 47114(c)(2) is further amended transportation system, including— non-Federal share of the project is at least 40 (1) improving the existing runway condi- by striking subparagraph (C) and redesig- percent.’’; and nating subparagraph (D) as subparagraph (C). tion information contained in the Airport (3) by aligning the remainder of paragraph Safety Data Program by reviewing and revis- (l) TEMPORARY AIR SERVICE INTERRUP- (1) (as designated by subparagraph (A) of this TIONS.—Section 47114(c)(1) is amended by ing rating criteria and providing increased paragraph) with paragraph (2) (as added by training for inspectors; adding at the end thereof the following: subparagraph (B) of this paragraph). ‘‘(C) The Secretary may, notwithstanding (2) requiring such airports to submit pave- SEC. 206. REPORT ON EFFORTS TO IMPLEMENT subparagraph (A), apportion to an airport ment condition index information as part of CAPACITY ENHANCEMENTS. their airport master plan or as support in ap- sponsor in a fiscal year an amount equal to Within 9 months after the date of enact- plications for airport improvement grants; the amount apportioned to that sponsor in ment of this Act, the Secretary of Transpor- and the previous fiscal year if the Secretary finds tation shall report to the Committee on (3) requiring all such airports to submit that— Commerce, Science, and Transportation of pavement condition index information on a ‘‘(i) passenger boardings at the airport fell the Senate and the Committee on Transpor- below 10,000 in the calendar year used to cal- tation and Infrastructure of the House of regular basis and using this information to culate the apportionment; Representatives on efforts by the Federal create a pavement condition database that ‘‘(ii) the airport had at least 10,000 pas- Aviation Administration to implement ca- could be used in evaluating the cost-effec- senger boardings in the calendar year prior pacity enhancements and improvements, tiveness of project applications and fore- to the calendar year used to calculate appor- both technical and procedural, such as preci- casting anticipated pavement needs. tionments to airport sponsors in a fiscal sion runway monitoring systems, and the (b) REPORT TO CONGRESS.—The Adminis- year; and time frame for implementation of such en- trator shall transmit a report, containing an ‘‘(iii) the cause of the shortfall in pas- hancements and improvements. evaluation of such options, to the Senate senger boardings was a temporary but sig- SEC. 207. PRIORITIZATION OF DISCRETIONARY Committee on Commerce, Science, and nificant interruption in service by an air car- PROJECTS. Transportation and the House of Representa- rier to that airport due to an employment Section 47120 is amended— tives Committee on Transportation and In- action, natural disaster, or other event unre- (1) by inserting ‘‘(a) IN GENERAL.—’’ before frastructure not later than 12 months after lated to the demand for air transportation at ‘‘In’’; and the date of enactment of this Act. the affected airport.’’. (2) by adding at the end thereof the fol- SEC. 212. DISCRETIONARY GRANTS. (m) FLEXIBILITY IN PAVEMENT DESIGN lowing: Notwithstanding any limitation on the STANDARDS.—Section 47114(d) is amended by ‘‘(b) DISCRETIONARY FUNDING TO BE USED amount of funds that may be expended for adding at the end thereof the following: FOR HIGHER PRIORITY PROJECTS.—The Ad- grants for noise abatement, if any funds S11962 CONGRESSIONAL RECORD — SENATE October 5, 1999

made available under section 48103 of title 49, TITLE III—AMENDMENTS TO AVIATION (b) NOISE STANDARDS FOR EXPERIMENTAL United States Code, remain available at the LAW AIRCRAFT.— end of the fiscal year for which those funds SEC. 301. SEVERABLE SERVICES CONTRACTS FOR (1) IN GENERAL.—Section 47528(a) is amend- were made available, and are not allocated PERIODS CROSSING FISCAL YEARS. ed by inserting ‘‘(for which an airworthiness under section 47115 of that title, or under any (a) Chapter 401 is amended by adding at the certificate other than an experimental cer- tificate has been issued by the Adminis- other provision relating to the awarding of end thereof the following: trator)’’ after ‘‘civil subsonic turbojet’’. discretionary grants from unobligated funds ‘‘§ 40125. Severable services contracts for pe- riods crossing fiscal years (2) FAR MODIFIED.—The Federal Aviation made available under section 48103 of that Regulations, contained in Part 14 of the Code title, the Secretary of Transportation may ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration may of Federal Regulations, that implement sec- use those funds to make discretionary grants enter into a contract for procurement of sev- tion 47528 and related provisions shall be for noise abatement activities. erable services for a period that begins in deemed to incorporate this change on the ef- fective date of this Act. SEC. 213. CONTRACT TOWER COST-SHARING. one fiscal year and ends in the next fiscal year if (without regard to any option to ex- SEC. 303. GOVERNMENT AND INDUSTRY CON- Section 47124(b) is amended by adding at tend the period of the contract) the contract SORTIA. the end the following: period does not exceed one year. Section 44903 is amended by adding at the ‘‘(3) CONTRACT AIR TRAFFIC CONTROL TOWER ‘‘(b) OBLIGATION OF FUNDS.—Funds made end thereof the following: PILOT PROGRAM.— available for a fiscal year may be obligated ‘‘(A) IN GENERAL.—The Secretary shall es- for the total amount of a contract entered ‘‘(f) GOVERNMENT AND INDUSTRY CON- tablish a pilot program to contract for air into under the authority of subsection (a) of SORTIA.—The Administrator may establish at traffic control services at Level I air traffic this section.’’. airports such consortia of government and control towers, as defined by the Adminis- (b) CONFORMING AMENDMENT.—The chapter aviation industry representatives as the Ad- trator of the Federal Aviation Administra- analysis for chapter 401 is amended by add- ministrator may designate to provide advice tion, that do not qualify for the Contract ing at the end thereof the following: on matters related to aviation security and Tower Program established under subsection ‘‘40125. Severable services contracts for peri- safety. Such consortia shall not be consid- (a) and continued under paragraph (1) (here- ods crossing fiscal years.’’. ered federal advisory committees for pur- after in this paragraph referred to as the SEC. 302. STAGE 3 NOISE LEVEL COMPLIANCE poses of the Federal Advisory Committee ‘Contract Tower Program’). FOR CERTAIN AIRCRAFT. Act (5 U.S.C. App.).’’. ‘‘(B) PROGRAM COMPONENTS.—In carrying (a) EXEMPTION FOR AIRCRAFT MODIFICATION SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS out the pilot program established under sub- OR DISPOSAL, SCHEDULED HEAVY MAINTE- OF THE CHICAGO CONVENTION. NANCE, OR LEASING-RELATED FLIGHTS.—Sec- paragraph (A), the Administrator shall— Section 44701 is amended— ‘‘(i) utilize for purposes of cost-benefit tion 47528 is amended— (1) by striking ‘‘subsection (b)’’ in sub- (1) by redesignating subsection (e) as sub- analyses, current, actual, site-specific data, section (f); and forecast estimates, or airport master plan section (a) and inserting ‘‘subsection (b) or (f)’’; (2) by inserting after subsection (d) the fol- data provided by a facility owner or operator lowing: and verified by the Administrator; (2) by adding at the end of subsection (e) ‘‘(ii) approve for participation only facili- the following: ‘‘(e) BILATERAL EXCHANGES OF SAFETY ties willing to fund a pro rata share of the ‘‘(4) An air carrier operating Stage 2 air- OVERSIGHT RESPONSIBILITIES.— operating costs of the air traffic control craft under this subsection may transport ‘‘(1) Notwithstanding the provisions of this tower to achieve a one-to-one benefit-to-cost Stage 2 aircraft to or from the 48 contiguous chapter, and pursuant to Article 83 Bis of the ratio, as required for eligibility under the States on a non-revenue basis in order— Convention on International Civil Aviation, the Administrator may, by a bilateral agree- Contract Tower Program; and ‘‘(A) to perform maintenance (including ment with the aeronautical authorities of ‘‘(iii) approve for participation no more major alterations) or preventative mainte- another country, exchange with that country than 2 facilities willing to fund up to 50 per- nance on aircraft operated, or to be operated, all or part of their respective functions and cent, but not less than 25 percent, of con- within the limitations of paragraph (2)(B); or duties with respect to aircraft described in struction costs for an air traffic control ‘‘(B) conduct operations within the limita- subparagraphs (A) and (B), under the fol- tower built by the airport operator and for tions of paragraph (2)(B).’’; and lowing articles of the Convention: each of such facilities the Federal share of (3) adding at the end thereof the following: ‘‘(f) AIRCRAFT MODIFICATION, DISPOSAL, ‘‘(A) Article 12 (Rules of the Air). construction cost does not exceed $1,100,000. SCHEDULED HEAVY MAINTENANCE, OR LEAS- ‘‘(B) Article 31 (Certificates of Airworthi- ‘‘(C) PRIORITY.—In selecting facilities to ING.— ness). participate in the program under this para- ‘‘(1) IN GENERAL.—The Secretary shall per- ‘‘(C) Article 32a (Licenses of Personnel). graph, the Administrator shall give priority mit a person to operate after December 31, ‘‘(2) The agreement under paragraph (1) to the following: 1999, a Stage 2 aircraft in nonrevenue service may apply to— ‘‘(i) Air traffic control towers that are par- through the airspace of the United States or ‘‘(A) aircraft registered in the United ticipating in the Contract Tower Program to or from an airport in the contiguous 48 States operated pursuant to an agreement but have been notified that they will be ter- States in order to— for the lease, charter, or interchange of the minated from such program because the Ad- ‘‘(A) sell, lease, or use the aircraft outside aircraft or any similar arrangement by an ministrator has determined that the benefit- the contiguous 48 States; operator that has its principal place of busi- to-cost ratio for their continuation in such ‘‘(B) scrap the aircraft; ness, or, if it has no such place of business, program is less than 1.0. ‘‘(C) obtain modifications to the aircraft to its permanent residence, in another country; ‘‘(ii) Air traffic control towers that the Ad- meet Stage 3 noise levels; or ministrator determines have a benefit-to- ‘‘(D) perform scheduled heavy maintenance ‘‘(B) aircraft registered in a foreign coun- cost ratio of at least .50. or significant modifications on the aircraft try operated under an agreement for the ‘‘(iii) Air traffic control towers of the Fed- at a maintenance facility located in the con- lease, charter, or interchange of the aircraft eral Aviation Administration that are closed tiguous 48 States; or any similar arrangement by an operator as a result of the air traffic controllers ‘‘(E) deliver the aircraft to an operator that has its principal place of business, or, if strike in 1981. leasing the aircraft from the owner or return it has no such place of business, its perma- ‘‘(iv) Air traffic control towers located at the aircraft to the lessor; nent residence, in the United States. airports that are prepared to assume partial ‘‘(F) prepare or park or store the aircraft ‘‘(3) The Administrator relinquishes re- responsibility for maintenance costs. in anticipation of any of the activities de- sponsibility with respect to the functions ‘‘(v) Air traffic control towers that are lo- scribed in subparagraphs (A) through (E); or and duties transferred by the Administrator cated at airports with safety or operational ‘‘(G) divert the aircraft to an alternative as specified in the bilateral agreement, problems related to topography, weather, airport in the contiguous 48 States on ac- under the Articles listed in paragraph (1) of runway configuration, or mix of aircraft. count of weather, mechanical, fuel, air traf- this subsection for United States-registered ‘‘(D) COSTS EXCEEDING BENEFITS.—If the fic control, or other safety reasons while aircraft transferred abroad as described in costs of operating an air traffic control conducting a flight in order to perform any subparagraph (A) of that paragraph, and ac- tower under the pilot program established of the activities described in subparagraphs cepts responsibility with respect to the func- under this paragraph exceed the benefits, the (A) through (F). tions and duties under those Articles for air- airport sponsor or State or local government ‘‘(2) PROCEDURE TO BE PUBLISHED.—The craft registered abroad that are transferred having jurisdiction over the airport shall pay Secretary shall establish and publish, not to the United States as described in subpara- the portion of the costs that exceed such later than 30 days after the date of enact- graph (B) of that paragraph. benefits. ment of the Air Transportation Improve- ‘‘(4) The Administrator may, in the agree- ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— ment Act a procedure to implement para- ment under paragraph (1), predicate the There are authorized to be appropriation graph (1) of this subsection through the use transfer of these functions and duties on any $6,000,000 per fiscal year to carry out this of categorical waivers, ferry permits, or conditions the Administrator deems nec- paragraph.’’. other means.’’. essary and prudent.’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11963 SEC. 305. FOREIGN AVIATION SERVICES AUTHOR- ‘‘(B) is related to an act punishable by after the order becomes effective. If the Ad- ITY. death or imprisonment for more than 1 year ministrator is unable to demonstrate to the Section 45301(a)(2) is amended to read as under a Federal or State law related to a Board that an emergency exists that re- follows: controlled substance (except a law related to quires the immediate application of the ‘‘(2) Services provided to a foreign govern- simple possession (as that term is used in order in the interest of safety in air com- ment or to any entity obtaining services out- section 46306(c)) of a controlled substance). merce and air transportation, the order side the United States other than— ‘‘(3) A term of imprisonment imposed shall, notwithstanding paragraph (2), be ‘‘(A) air traffic control services; and under paragraph (2) shall be served in addi- stayed. The Board shall dispose of a review ‘‘(B) fees for production-certification-re- tion to, and not concurrently with, any other request under this paragraph within 5 days lated service pertaining to aeronautical term of imprisonment imposed on the indi- after it is filed. products manufactured outside the United vidual subject to the imprisonment.’’. ‘‘(4) FINAL DISPOSITION.—The Board shall States.’’. (b) CLERICAL AMENDMENT.—The chapter make a final disposition of an appeal under SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL analysis for chapter 463 is amended by add- subsection (d) within 60 days after the appeal HISTORY RECORD CHECKS; TECH- ing at the end thereof the following: is filed.’’. NICAL AMENDMENTS TO PILOT ‘‘46317. Criminal penalty for pilots operating TITLE IV—MISCELLANEOUS RECORDS IMPROVEMENT ACT. in air transportation without SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR Section 44936 is amended— an airman’s certificate.’’. (1) by striking ‘‘subparagraph (C))’’ in sub- 2000 PROBLEM. SEC. 310. NONDISCRIMINATORY INTERLINE The Administrator of the Federal Aviation section (a)(1)(B) and inserting ‘‘subparagraph INTERCONNECTION REQUIRE- (C), or in the case of passenger, baggage, or Administration shall report to the Senate MENTS. Committee on Commerce, Science, and property screening at airports, the Adminis- (a) IN GENERAL.—Subchapter I of chapter trator decides it is necessary to ensure air Transportation and the House Committee on 417 is amended by adding at the end thereof Transportation and Infrastructure every 3 transportation security)’’; the following: (2) by striking ‘‘individual’’ in subsection months through December 31, 2000, in oral or ‘‘§ 41717. Interline agreements for domestic (f)(1)(B)(ii) and inserting ‘‘individual’s per- written form, on electronic data processing transportation formance as a pilot’’; and problems associated with the year 2000 with- (3) by inserting ‘‘or from a foreign govern- ‘‘(a) NONDISCRIMINATORY REQUIREMENTS.— in the Administration. ment or entity that employed the indi- If a major air carrier that provides air serv- SEC. 402. CARGO COLLISION AVOIDANCE SYS- vidual,’’ in subsection (f)(14)(B) after ‘‘ex- ice to an essential airport facility has any TEMS DEADLINE. ists,’’. agreement involving ticketing, baggage and (a) IN GENERAL.—The Administrator of the ground handling, and terminal and gate ac- Federal Aviation Administration shall re- SEC. 307. EXTENSION OF AVIATION INSURANCE cess with another carrier, it shall provide quire by regulation that, not later than De- PROGRAM. the same services to any requesting air car- cember 31, 2002, collision avoidance equip- Section 44310 is amended by striking ‘‘Au- rier that offers service to a community se- ment be installed on each cargo airplane gust 6, 1999.’’ and inserting ‘‘December 31, lected for participation in the program under with a maximum certificated takeoff weight 2003.’’. section 41743 under similar terms and condi- in excess of 15,000 kilograms. SEC. 308. TECHNICAL CORRECTIONS TO CIVIL tions and on a nondiscriminatory basis with- (b) EXTENSION.—The Administrator may PENALTY PROVISIONS. in 30 days after receiving the request, as long extend the deadline imposed by subsection Section 46301 is amended— as the requesting air carrier meets such safe- (a) for not more than 2 years if the Adminis- (1) by striking ‘‘46302, 46303, or’’ in sub- ty, service, financial, and maintenance re- trator finds that the extension is needed to section (a)(1)(A); quirements, if any, as the Secretary may by promote— (2) by striking ‘‘an individual’’ the first regulation establish consistent with public (1) a safe and orderly transition to the op- time it appears in subsection (d)(7)(A) and convenience and necessity. The Secretary eration of a fleet of cargo aircraft equipped inserting ‘‘a person’’; and must review any proposed agreement to de- with collision avoidance equipment; or (3) by inserting ‘‘or the Administrator’’ in termine if the requesting carrier meets oper- (2) other safety or public interest objec- subsection (g) after ‘‘Secretary’’. ational requirements consistent with the tives. SEC. 309. CRIMINAL PENALTY FOR PILOTS OPER- rules, procedures, and policies of the major (c) COLLISION AVOIDANCE EQUIPMENT.—For ATING IN AIR TRANSPORTATION carrier. This agreement may be terminated purposes of this section, the term ‘‘collision WITHOUT AN AIRMAN’S CERTIFI- avoidance equipment’’ means TCAS II equip- CATE. by either party in the event of failure to meet the standards and conditions outlined ment (as defined by the Administrator), or (a) IN GENERAL.—Chapter 463 is amended in the agreement. any other similar system approved by the by adding at the end the following: ‘‘(b) DEFINITIONS.—In this section the term Administrator for collision avoidance pur- ‘‘§ 46317. Criminal penalty for pilots oper- ‘essential airport facility’ means a large hub poses. ating in air transportation without an air- airport (as defined in section 41731(a)(3)) in SEC. 403. RUNWAY SAFETY AREAS; PRECISION AP- man’s certificate the contiguous 48 States in which one carrier PROACH PATH INDICATORS. ‘‘(a) APPLICATION.—This section applies has more than 50 percent of such airport’s Within 6 months after the date of enact- only to aircraft used to provide air transpor- total annual enplanements.’’. ment of this Act, the Administrator of the tation. (b) CLERICAL AMENDMENT.—The chapter Federal Aviation Administration shall so- ‘‘(b) GENERAL CRIMINAL PENALTY.—An indi- analysis for subchapter I of chapter 417 is licit comments on the need for— vidual shall be fined under title 18, impris- amended by adding at the end thereof the (1) the improvement of runway safety oned for not more than 3 years, or both, if following: areas; and that individual— ‘‘41717. Interline agreements for domestic (2) the installation of precision approach ‘‘(1) knowingly and willfully serves or at- transportation.’’. path indicators. tempts to serve in any capacity as an airman SEC. 311. REVIEW PROCESS FOR EMERGENCY OR- SEC. 404. AIRPLANE EMERGENCY LOCATORS. without an airman’s certificate authorizing DERS UNDER SECTION 44709. (a) REQUIREMENT.—Section 44712(b) is the individual to serve in that capacity; or Section 44709(e) is amended to read as fol- amended to read as follows: ‘‘(2) knowingly and willfully employs for lows: ‘‘(b) NONAPPLICATION.—Subsection (a) does service or uses in any capacity as an airman ‘‘(e) EFFECTIVENESS OF ORDERS PENDING not apply to aircraft when used in— an individual who does not have an airman’s APPEAL.— ‘‘(1) scheduled flights by scheduled air car- certificate authorizing the individual to ‘‘(1) IN GENERAL.—When a person files an riers holding certificates issued by the Sec- serve in that capacity. appeal with the Board under subsection (d) of retary of Transportation under subpart II of ‘‘(c) CONTROLLED SUBSTANCE CRIMINAL PEN- this section, the order of the Administrator this part; ALTY.— is stayed. ‘‘(2) training operations conducted entirely ‘‘(1) In this subsection, the term ‘con- ‘‘(2) EXCEPTION.—Notwithstanding para- within a 50-mile radius of the airport from trolled substance’ has the same meaning graph (1), the order of the Administrator is which the training operations begin; given that term in section 102 of the Com- effective immediately if the Administrator ‘‘(3) flight operations related to the design prehensive Drug Abuse Prevention and Con- advises the Board that an emergency exists and testing, manufacture, preparation, and trol Act of 1970 (21 U.S.C. 802). and safety in air commerce or air transpor- delivery of aircraft; ‘‘(2) An individual violating subsection (b) tation requires the order to be effective im- ‘‘(4) showing compliance with regulations, shall be fined under title 18, imprisoned for mediately. exhibition, or air racing; or not more than 5 years, or both, if the viola- ‘‘(3) REVIEW OF EMERGENCY ORDER.—A per- ‘‘(5) the aerial application of a substance tion is related to transporting a controlled son affected by the immediate effectiveness for an agricultural purpose.’’. substance by aircraft or aiding or facili- of the Administrator’s order under para- (b) COMPLIANCE.—Section 44712 is amended tating a controlled substance violation and graph (2) may request a review by the Board, by redesignating subsection (c) as subsection that transporting, aiding, or facilitating— under procedures promulgated by the Board, (d), and by inserting after subsection (b) the ‘‘(A) is punishable by death or imprison- on the issues of the appeal that are related following: ment of more than 1 year under a Federal or to the existence of an emergency. Any such ‘‘(c) COMPLIANCE.—An aircraft is deemed to State law; or review shall be requested within 48 hours meet the requirement of subsection (a) if it S11964 CONGRESSIONAL RECORD — SENATE October 5, 1999 is equipped with an emergency locator trans- ‘‘(A) the former holder otherwise satisfies ‘‘46318. Interference with cabin or flight mitter that transmits on the 121.5/243 mega- the requirements of this chapter for the cer- crew.’’. hertz frequency or the 406 megahertz fre- tificate; SEC. 407. HIGHER STANDARDS FOR HANDI- quency, or with other equipment approved ‘‘(B) the former holder, or individual, is ac- CAPPED ACCESS. by the Secretary for meeting the require- quitted of all charges related to the violation (a) ESTABLISHMENT OF HIGHER INTER- ment of subsection (a).’’. on which the revocation was based; or NATIONAL STANDARDS.—The Secretary of (c) EFFECTIVE DATE; REGULATIONS.— ‘‘(C) the conviction of the former holder, or Transportation shall work with appropriate (1) REGULATIONS.—The Secretary of Trans- individual, of the violation on which the rev- international organizations and the aviation portation shall promulgate regulations ocation was based is reversed. authorities of other nations to bring about under section 44712(b) of title 49, United ‘‘(f) WAIVER.—The Administrator may their establishment of higher standards for States Code, as amended by this section not waive revocation of a certificate under sub- accommodating handicapped passengers in later than January 1, 2002. section (b) of this section if— air transportation, particularly with respect (2) EFFECTIVE DATE.—The amendments ‘‘(1) a law enforcement official of the to foreign air carriers that code-share with made by this section shall take effect on United States Government, or of a State domestic air carriers. (b) INVESTIGATION OF ALL COMPLAINTS RE- January 1, 2002. (with respect to violations of State law), re- quests a waiver; and QUIRED.—Section 41705 is amended— SEC. 405. COUNTERFEIT AIRCRAFT PARTS. ‘‘(2) the waiver will facilitate law enforce- (1) by inserting ‘‘(a) IN GENERAL.—’’ before (a) DENIAL; REVOCATION; AMENDMENT OF ment efforts. ‘‘In providing’’; CERTIFICATE.— ‘‘(g) AMENDMENT OF CERTIFICATE.—If the (2) by striking ‘‘carrier’’ and inserting (1) IN GENERAL.—Chapter 447 is amended by holder of a certificate issued under this chap- ‘‘carrier, including any foreign air carrier adding at the end thereof the following: ter is other than an individual and the Ad- doing business in the United States,’’; and ‘‘§ 44725. Denial and revocation of certificate ministrator finds that— (3) by adding at the end thereof the fol- for counterfeit parts violations ‘‘(1) an individual who had a controlling or lowing: ownership interest in the holder committed ‘‘(b) EACH ACT CONSTITUTES SEPARATE OF- ‘‘(a) DENIAL OF CERTIFICATE.— a violation of a law for the violation of FENSE.—Each separate act of discrimination ‘‘(1) IN GENERAL.—Except as provided in which a certificate may be revoked under prohibited by subsection (a) constitutes a paragraph (2) of this subsection and sub- this section, or knowingly carried out or fa- separate violation of that subsection. section (e)(2) of this section, the Adminis- cilitated an activity punishable under such a ‘‘(c) INVESTIGATION OF COMPLAINTS.— trator may not issue a certificate under this law; and ‘‘(1) IN GENERAL.—The Secretary or a per- chapter to any person— ‘‘(2) the holder satisfies the requirements son designated by the Secretary shall inves- ‘‘(A) convicted of a violation of a law of the for the certificate without regard to that in- tigate each complaint of a violation of sub- United States or of a State relating to the dividual, section (a). installation, production, repair, or sale of a then the Administrator may amend the cer- ‘‘(2) PUBLICATION OF DATA.—The Secretary counterfeit or falsely-represented aviation or a person designated by the Secretary shall part or material; or tificate to impose a limitation that the cer- tificate will not be valid if that individual publish disability-related complaint data in ‘‘(B) subject to a controlling or ownership a manner comparable to other consumer interest of an individual convicted of such a has a controlling or ownership interest in the holder. A decision by the Administrator complaint data. violation. under this subsection is not reviewable by ‘‘(3) EMPLOYMENT.—The Secretary is au- ‘‘(2) EXCEPTION.—Notwithstanding para- the Board.’’. thorized to employ personnel necessary to graph (1), the Administrator may issue a cer- (2) CONFORMING AMENDMENT.—The chapter enforce this section. tificate under this chapter to a person de- analysis for chapter 447 is amended by add- ‘‘(4) REVIEW AND REPORT.—The Secretary or scribed in paragraph (1) if issuance of the ing at the end thereof the following: a person designated by the Secretary shall certificate will facilitate law enforcement ef- regularly review all complaints received by forts. ‘‘44725. Denial and revocation of certificate for counterfeit parts viola- air carriers alleging discrimination on the ‘‘(b) REVOCATION OF CERTIFICATE.— tions’’. basis of disability, and report annually to ‘‘(1) IN GENERAL.—Except as provided in Congress on the results of such review. (b) PROHIBITION ON EMPLOYMENT.—Section subsections (f) and (g) of this section, the Ad- ‘‘(5) TECHNICAL ASSISTANCE.—Not later 44711 is amended by adding at the end thereof ministrator shall issue an order revoking a than 180 days after enactment of the Air certificate issued under this chapter if the the following: ‘‘(c) PROHIBITION ON EMPLOYMENT OF CON- Transportation and Improvement Act, the Administrator finds that the holder of the Secretary shall— certificate, or an individual who has a con- VICTED COUNTERFEIT PART DEALERS.—No per- son subject to this chapter may employ any- ‘‘(A) implement a plan, in consultation trolling or ownership interest in the holder— one to perform a function related to the pro- with the Department of Justice, United ‘‘(A) was convicted of a violation of a law curement, sale, production, or repair of a States Architectural and Transportation of the United States or of a State relating to part or material, or the installation of a part Barriers Compliance Board, and the National the installation, production, repair, or sale into a civil aircraft, who has been convicted Council on Disability, to provide technical of a counterfeit or falsely-represented avia- of a violation of any Federal or State law re- assistance to air carriers and individuals tion part or material; or lating to the installation, production, repair, with disabilities in understanding the rights ‘‘(B) knowingly carried out or facilitated or sale of a counterfeit or falsely-represented and responsibilities of this section; and an activity punishable under such a law. aviation part or material.’’. ‘‘(B) ensure the availability and provision ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.— SEC. 406. FAA MAY FINE UNRULY PASSENGERS. of appropriate technical assistance manuals In carrying out paragraph (1) of this sub- (a) IN GENERAL.—Chapter 463 (as amended to individuals and entities with rights or du- section, the Administrator may not review by section 309) is amended by adding at the ties under this section.’’. whether a person violated such a law. end thereof the following: (c) INCREASED CIVIL PENALTIES.—Section ‘‘(c) NOTICE REQUIREMENT.—Before the Ad- ‘‘§ 46318. Interference with cabin or flight 46301(a) is amended— ministrator revokes a certificate under sub- crew (1) by inserting ‘‘41705,’’ after ‘‘41704,’’ in section (b), the Administrator shall— paragraph (1)(A); and ‘‘(a) IN GENERAL.—An individual who inter- ‘‘(1) advise the holder of the certificate of (2) by adding at the end thereof the fol- feres with the duties or responsibilities of the reason for the revocation; and lowing: the flight crew or cabin crew of a civil air- ‘‘(2) provide the holder of the certificate an craft, or who poses an imminent threat to ‘‘(7) VIOLATION OF SECTION 41705.— opportunity to be heard on why the certifi- the safety of the aircraft or other individuals ‘‘(A) CREDIT; VOUCHER; CIVIL PENALTY.— cate should not be revoked. on the aircraft, is liable to the United States Unless an individual accepts a credit or ‘‘(d) APPEAL.—The provisions of section Government for a civil penalty of not more voucher for the purchase of a ticket on an 44710(d) apply to the appeal of a revocation than $10,000, which shall be paid to the Fed- air carrier or any affiliated air carrier for a order under subsection (b). For the purpose eral Aviation Administration and deposited violation of subsection (a) in an amount (de- of applying that section to such an appeal, in the account established by section termined by the Secretary) of— ‘person’ shall be substituted for ‘individual’ 45303(c). ‘‘(i) not less than $500 and not more than each place it appears. ‘‘(b) COMPROMISE AND SETOFF.— $2,500 for the first violation; or ‘‘(e) AQUITTAL OR REVERSAL.— ‘‘(1) The Secretary of Transportation or ‘‘(ii) not less than $2,500 and not more than ‘‘(1) IN GENERAL.—The Administrator may the Administrator may compromise the $5,000 for any subsequent violation, not revoke, and the Board may not affirm a amount of a civil penalty imposed under sub- then that air carrier is liable to the United revocation of, a certificate under subsection section (a). States Government for a civil penalty, deter- (b)(1)(B) of this section if the holder of the ‘‘(2) The Government may deduct the mined by the Secretary, of not more than 100 certificate, or the individual, is acquitted of amount of a civil penalty imposed or com- percent of the amount of the credit or vouch- all charges related to the violation. promised under this section from amounts it er so determined. ‘‘(2) REISSUANCE.—The Administrator may owes the individual liable for the penalty.’’. ‘‘(B) REMEDY NOT EXCLUSIVE.—Nothing in reissue a certificate revoked under sub- (b) CONFORMING CHANGE.—The chapter subparagraph (A) precludes or affects the section (b) of this section to the former hold- analysis for chapter 463 is amended by add- right of persons with disabilities to file pri- er if— ing at the end thereof the following: vate rights of action under section 41705 or October 5, 1999 CONGRESSIONAL RECORD — SENATE S11965 to limit claims for compensatory or punitive ‘‘(2) determines that the property will be flight rules contained in part 91 of title 14, damages asserted in such cases. used solely to generate revenue for the pub- Code of Federal Regulations. ‘‘(C) ATTORNEY’S FEES.—In addition to the lic airport; (b) RULEMAKING PROCEEDING.— penalty provided by subparagraph (A), an in- ‘‘(3) provides preliminary notice to the (1) IN GENERAL.—The Administrator shall dividual who— head of the department, agency, or instru- conduct a rulemaking proceeding and issue a ‘‘(i) brings a civil action against an air car- mentality that conveyed the property inter- final rule to modify the general operating rier to enforce this section; and est at least 30 days before executing the re- and flight rules referred to in subsection (a) ‘‘(ii) who is awarded damages by the court lease; by establishing special rules applicable to in which the action is brought, ‘‘(4) provides notice to the public of the re- the flight operations conducted by Alaska guide pilots. may be awarded reasonable attorneys’ fees quested release; (2) CONTENTS OF RULES.—A final rule issued and costs of litigation reasonably incurred in ‘‘(5) includes in the release a written jus- by the Administrator under paragraph (1) bringing the action if the court deems it ap- tification for the release of the property; and shall require Alaska guide pilots— propriate.’’. ‘‘(6) determines that release of the prop- erty will advance civil aviation in the United (A) to operate aircraft inspected no less SEC. 408. CONVEYANCES OF UNITED STATES GOV- States.’’. often than after 125 hours of flight time; ERNMENT LAND. (c) EFFECTIVE DATE.—Section 47125(b) of (B) to participate in an annual flight re- (a) IN GENERAL.—Section 47125(a) is amend- title 49, United States Code, as added by sub- view, as described in section 61.56 of title 14, ed to read as follows: section (b) of this section, applies to prop- Code of Federal Regulations; ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.— erty interests conveyed before, on, or after (C) to have at least 500 hours of flight time ‘‘(1) REQUEST FOR CONVEYANCE.—Except as the date of enactment of this Act. as a pilot; provided in subsection (b) of this section, the (d) IDITAROD AREA SCHOOL DISTRICT.—Not- (D) to have a commercial rating, as de- Secretary of Transportation— withstanding any other provision of law (in- scribed in subpart F of part 61 of such title; ‘‘(A) shall request the head of the depart- cluding section 47125 of title 49, United (E) to hold at least a second-class medical ment, agency, or instrumentality of the States Code, as amended by this section), the certificate, as described in subpart C of part United States Government owning or con- Administrator of the Federal Aviation Ad- 67 of such title; trolling land or airspace to convey a prop- ministration, or the Administrator of the (F) to hold a current letter of authoriza- erty interest in the land or airspace to the General Services Administration, may con- tion issued by the Administrator; and public agency sponsoring the project or own- vey to the Iditarod Area School District (G) to take such other actions as the Ad- ing or controlling the airport when nec- without reimbursement all right, title, and ministrator determines necessary for safety. (c) DEFINITIONS.—In this section, the fol- essary to carry out a project under this sub- interest in 12 acres of property at Lake lowing definitions apply: chapter at a public airport, to operate a pub- Minchumina, Alaska, identified by the Ad- (1) LETTER OF AUTHORIZATION.—The term lic airport, or for the future development of ministrator of the Federal Aviation Admin- ‘‘letter of authorization’’ means a letter an airport under the national plan of inte- istration, including the structures known as issued by the Administrator once every 5 grated airport systems; and housing units 100 through 105 and as utility years to an Alaska guide pilot certifying ‘‘(B) may request the head of such a de- building 301. that the pilot is in compliance with general partment, agency, or instrumentality to con- SEC. 409. FLIGHT OPERATIONS QUALITY ASSUR- operating and flight rules applicable to the vey a property interest in the land or air- ANCE RULES. pilot. In the case of a multi-pilot operation, space to such a public agency for a use that Not later than 90 days after the date of en- at the election of the operating entity, a let- will complement, facilitate, or augment air- actment of this Act, the Administrator shall ter of authorization may be issued by the port development, including the develop- issue a notice of proposed rulemaking to de- Administrator to the entity or to each Alas- ment of additional revenue from both avia- velop procedures to protect air carriers and ka guide pilot employed by the entity. tion and nonaviation sources. their employees from enforcement actions (2) ALASKA GUIDE PILOT.—The term ‘‘Alas- ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN for violations of the Federal Aviation Regu- ka guide pilot’’ means a pilot who— CONVEYANCES.—Within 4 months after receiv- lations other than criminal or deliberate (A) conducts aircraft operations over or ing a request from the Secretary under para- acts that are reported or discovered as a re- within the State of Alaska; graph (1), the head of the department, agen- sult of voluntary reporting programs, such (B) operates single engine, fixed wing air- cy, or instrumentality shall— as the Flight Operations Quality Assurance craft on floats, wheels, or skis, providing ‘‘(A) decide whether the requested convey- Program and the Aviation Safety Action commercial hunting, fishing, or other guide ance is consistent with the needs of the de- Program. services and related accommodations in the partment, agency, or instrumentality; SEC. 410. WIDE AREA AUGMENTATION SYSTEM. form of camps or lodges; and ‘‘(B) notify the Secretary of the decision; (a) PLAN.—The Administrator of the Fed- (C) transports clients by such aircraft inci- and eral Aviation Administration shall identify dental to hunting, fishing, or other guide ‘‘(C) make the requested conveyance if— or develop a plan to implement WAAS to services, or uses air transport to enable guid- ‘‘(i) the requested conveyance is consistent provide navigation and landing approach ca- ed clients to reach hunting or fishing loca- with the needs of the department, agency, or pabilities for civilian use and make a deter- tions. instrumentality; mination as to whether a backup system is SEC. 412. ALASKA RURAL AVIATION IMPROVE- ‘‘(ii) the Attorney General approves the necessary. Until the Administrator deter- MENT. conveyance; and mines that WAAS is the sole means of navi- (a) APPLICATION OF FAA REGULATIONS.— ‘‘(iii) the conveyance can be made without gation, the Administrator shall continue to Section 40113 is amended by adding at the cost to the United States Government. develop and maintain a backup system. end thereof the following: ‘‘(3) REVERSION.—Except as provided in (b) REPORT.—Within 6 months after the ‘‘(f) APPLICATION OF CERTAIN REGULATIONS subsection (b), a conveyance under this sub- date of enactment of this Act, the Adminis- TO ALASKA.—In amending title 14, Code of section may only be made on the condition trator shall— Federal Regulations, in a manner affecting that the property interest conveyed reverts (1) report to the Senate Committee on intrastate aviation in Alaska, the Adminis- to the Government, at the option of the Sec- Commerce, Science, and Transportation and trator of the Federal Aviation Administra- retary, to the extent it is not developed for the House of Representatives Committee on tion shall consider the extent to which Alas- an airport purpose or used consistently with Transportation and Infrastructure, on the ka is not served by transportation modes the conveyance.’’. plan developed under subsection (a); other than aviation, and shall establish such (b) RELEASE OF CERTAIN CONDITIONS.—Sec- (2) submit a timetable for implementing regulatory distinctions as the Administrator tion 47125 is amended— WAAS; and considers appropriate.’’. (b) AVIATION CLOSED CIRCUIT TELEVISION.— (1) by redesignating subsection (b) as sub- (3) make a determination as to whether The Administrator of the Federal Aviation section (c); and WAAS will ultimately become a primary or Administration, in consultation with com- (2) by inserting the following after sub- sole means of navigation and landing ap- mercial and general aviation pilots, shall in- section (a): proach capabilities. stall closed circuit weather surveillance (c) WAAS DEFINED.—For purposes of this ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The equipment at not fewer that 15 rural airports Secretary may grant a release from any section, the term ‘‘WAAS’’ means wide area in Alaska and provide for the dissemination term, condition, reservation, or restriction augmentation system. of information derived from such equipment contained in any conveyance executed under (d) FUNDING AUTHORIZATION.—There are au- to pilots for pre-flight planning purposes and this section, section 16 of the Federal Air- thorized to be appropriated to the Secretary en route purposes, including through the dis- port Act, section 23 of the Airport and Air- of Transportation such sums as may be nec- semination of such information to pilots by way Development Act of 1970, or section 516 essary to carry out this section. flight service stations. There are authorized of the Airport and Airway Improvement Act SEC. 411. REGULATION OF ALASKA GUIDE PI- to be appropriated $2,000,000 for the purposes of 1982, to facilitate the development of addi- LOTS. of this subsection. tional revenue from aeronautical and non- (a) IN GENERAL.—Beginning on the date of (c) MIKE-IN-HAND WEATHER OBSERVATION.— aeronautical sources if the Secretary— the enactment of this Act, flight operations The Administrator of the Federal Aviation ‘‘(1) determines that the property is no conducted by Alaska guide pilots shall be Administration and the Assistant Adminis- longer needed for aeronautical purposes; regulated under the general operating and trator of the National Weather Service, in S11966 CONGRESSIONAL RECORD — SENATE October 5, 1999 consultation with the National Transpor- tion Administration shall complete the Ad- not later than 300 days after the award of tation Safety Board and the Governor of the ministration’s updating of training practices contracts. State of Alaska, shall develop and imple- for flight deck automation and associated (c) FUNDING.—There are authorized to be ment a ‘‘mike-in-hand’’ weather observation training requirements within 12 months appropriated such sums as may be necessary program in Alaska under which Federal after the date of enactment of this Act. for the cost of the contracted audit services Aviation Administration employees, Na- (c) CONFORMING AMENDMENT.—The chapter authorized by this section. tional Weather Service employees, other analysis for chapter 445 is amended by add- SEC. 415. APPLICATION OF FEDERAL PROCURE- Federal or State employees sited at an air- ing at the end thereof the following: MENT POLICY ACT. port, or persons contracted specifically for ‘‘44516. Human factors program.’’. Section 348 of the Department of Transpor- such purpose (including part-time contract SEC. 414. INDEPENDENT VALIDATION OF FAA tation and Related Agencies Appropriations employees who are not sited at such airport), COSTS AND ALLOCATIONS. Act, 1996 (49 U.S.C. 40110 nt) is amended— will provide near-real time aviation weather (a) INDEPENDENT ASSESSMENT.— (1) by redesignating subsection (c) as sub- information via radio and otherwise to pilots (1) INITIATION.—Not later than 90 days after section (d); and who request such information. the date of enactment of this Act, the In- (2) by inserting after subsection (b) the fol- (d) RURAL IFR COMPLIANCE.—There are au- spector General of the Department of Trans- lowing: thorized to be appropriated $4,000,000 to the portation shall initiate the analyses de- ‘‘(c) CERTAIN PROVISIONS OF THE OFFICE OF Administrator for runway lighting and scribed in paragraph (2). In conducting the weather reporting systems at remote air- FEDERAL PROCUREMENT POLICY ACT.—Not- analyses, the Inspector General shall ensure withstanding subsection (b)(2), section 27 of ports in Alaska to implement the CAP- that the analyses are carried out by 1 or STONE project. the Office of Federal Procurement Policy more entities that are independent of the Act (41 U.S.C. 423) shall apply to the new ac- SEC. 413. HUMAN FACTORS PROGRAM. Federal Aviation Administration. The In- quisition management system developed and (a) IN GENERAL.—Chapter 445 is amended spector General may use the staff and re- implemented under subsection (a) with the by adding at the end thereof the following: sources of the Inspector General or may con- following modifications: ‘‘§ 44516. Human factors program tract with independent entities to conduct ‘‘(1) Subsections (f) and (g) shall not apply. ‘‘(a) REPORT.—The Administrator of the the analyses. ‘‘(2) Within 90 days after the date of enact- Federal Aviation Administration shall re- (2) ASSESSMENT OF ADEQUACY AND ACCURACY ment of the Air Transportation Improve- port within 1 year after the date of enact- OF FAA COST DATA AND ATTRIBUTIONS.—To en- ment Act, the Administrator of the Federal ment of the Air Transportation Improve- sure that the method for capturing and dis- Aviation Administration shall adopt defini- ment Act to the Senate Committee on Com- tributing the overall costs of the Federal tions for the acquisition management sys- merce, Science, and Transportation and the Aviation Administration is appropriate and tem that are consistent with the purpose and House of Representatives Committee on reasonable, the Inspector General shall con- intent of the Office of Federal Procurement Transportation and Infrastructure on the duct an assessment that includes the fol- Policy Act. status of the Administration’s efforts to en- lowing: ‘‘(3) After the adoption of those definitions, courage the adoption and implementation of (A)(i) Validation of Federal Aviation Ad- the criminal, civil, and administrative rem- Advanced Qualification Programs for air car- ministration cost input data, including an edies provided under the Office of Federal riers under this section. audit of the reliability of Federal Aviation Procurement Policy Act apply to the acqui- ‘‘(b) HUMAN FACTORS TRAINING.— Administration source documents and the sition management system. ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Ad- integrity and reliability of the Federal Avia- ‘‘(4) In the administration of the acquisi- ministrator shall— tion Administration’s data collection proc- tion management system, the Administrator ‘‘(A) address the problems and concerns ess. may take adverse personnel action under raised by the National Research Council in (ii) An assessment of the reliability of the section 27(e)(3)(A)(iv) of the Office of Federal its report ‘The Future of Air Traffic Control’ Federal Aviation Administration’s system Procurement Policy Act in accordance with on air traffic control automation; and for tracking assets. the procedures contained in the Administra- ‘‘(B) respond to the recommendations made (iii) An assessment of the reasonableness of tion’s personnel management system.’’. by the National Research Council. the Federal Aviation Administration’s bases for establishing asset values and deprecia- SEC. 416. REPORT ON MODERNIZATION OF OCE- ‘‘(2) PILOTS AND FLIGHT CREWS.—The Ad- ANIC ATC SYSTEM. ministrator shall work with the aviation in- tion rates. The Administrator of the Federal Aviation dustry to develop specific training curricula (iv) An assessment of the Federal Aviation Administration shall report to the Congress to address critical safety problems, including Administration’s system of internal controls on plans to modernize the oceanic air traffic problems of pilots— for ensuring the consistency and reliability control system, including a budget for the ‘‘(A) in recovering from loss of control of of reported data to begin immediately after program, a determination of the require- the aircraft, including handling unusual atti- full operational capability of the cost ac- ments for modernization, and, if necessary, a tudes and mechanical malfunctions; counting system. proposal to fund the program. ‘‘(B) in deviating from standard operating (B) A review and validation of the Federal procedures, including inappropriate re- Aviation Administration’s definition of the SEC. 417. REPORT ON AIR TRANSPORTATION sponses to emergencies and hazardous weath- services to which the Federal Aviation Ad- OVERSIGHT SYSTEM. er; ministration ultimately attributes its costs, Beginning in calendar year 2000, the Ad- ‘‘(C) in awareness of altitude and location and the methods used to identify direct costs ministrator of the Federal Aviation Admin- relative to terrain to prevent controlled associated with the services. istration shall report biannually to the Con- flight into terrain; and (C) An assessment and validation of the gress on the air transportation oversight sys- ‘‘(D) in landing and approaches, including general cost pools used by the Federal Avia- tem program announced by the Administra- nonprecision approaches and go-around pro- tion Administration, including the rationale tion on May 13, 1998, in detail on the training cedures. for and reliability of the bases on which the of inspectors, the number of inspectors using ‘‘(c) ACCIDENT INVESTIGATIONS.—The Ad- Federal Aviation Administration proposes to the system, air carriers subject to the sys- ministrator, working with the National allocate costs of services to users and the in- tem, and the budget for the system. Transportation Safety Board and representa- tegrity of the cost pools as well as any other SEC. 418. RECYCLING OF EIS. tives of the aviation industry, shall establish factors considered important by the Inspec- Notwithstanding any other provision of a process to assess human factors training as tor General. Appropriate statistical tests law to the contrary, the Secretary of Trans- part of accident and incident investigations. shall be performed to assess relationships be- portation may authorize the use, in whole or ‘‘(d) TEST PROGRAM.—The Administrator tween costs in the various cost pools and ac- in part, of a completed environmental as- shall establish a test program in cooperation tivities and services to which the costs are sessment or environmental impact study for with United States air carriers to use model attributed by the Federal Aviation Adminis- a new airport construction project on the air Jeppesen approach plates or other similar tration. operations area, that is substantially similar tools to improve nonprecision landing ap- (b) DEADLINE.—The independent analyses in nature to one previously constructed pur- proaches for aircraft. described in this section shall be completed suant to the completed environmental as- ‘‘(e) ADVANCED QUALIFICATION PROGRAM no later than 270 days after the contracts are sessment or environmental impact study in DEFINED.—For purposes of this section, the awarded to the outside independent contrac- term ‘advanced qualification program’ tors. The Inspector General shall submit a order to avoid unnecessary duplication of ex- means an alternative method for qualifying, final report combining the analyses done by pense and effort, and any such authorized training, certifying, and ensuring the com- its staff with those of the outside inde- use shall meet all requirements of Federal petency of flight crews and other commer- pendent contractors to the Secretary of law for the completion of such an assessment cial aviation operations personnel subject to Transportation, the Administrator, the Com- or study. the training and evaluation requirements of mittee on Commerce, Science, and Transpor- SEC. 419. PROTECTION OF EMPLOYEES PRO- Parts 121 and 135 of title 14, Code of Federal tation of the Senate, and the Committee on VIDING AIR SAFETY INFORMATION. Regulations.’’. Transportation and Infrastructure of the (a) GENERAL RULE.—Chapter 421 is amend- (b) AUTOMATION AND ASSOCIATED TRAIN- House of Representatives. The final report ed by adding at the end the following new ING.—The Administrator of the Federal Avia- shall be submitted by the Inspector General subchapter: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11967 ‘‘SUBCHAPTER III—WHISTLEBLOWER occurred, the Secretary shall accompany the back pay) and the restoration of terms, con- PROTECTION PROGRAM findings referred to in clause (i) with a pre- ditions, and privileges associated with the ‘‘§ 42121. Protection of employees providing liminary order providing the relief pre- employment; and air safety information scribed under paragraph (3)(B). ‘‘(iii) provide compensatory damages to ‘‘(iii) OBJECTIONS.—Not later than 30 days ‘‘(a) DISCRIMINATION AGAINST AIRLINE EM- the complainant. after the date of notification of findings PLOYEES.—No air carrier or contractor or ‘‘(C) COSTS OF COMPLAINT.—If the Secretary subcontractor of an air carrier may dis- under this paragraph, the person alleged to of Labor issues a final order that provides for charge an employee of the air carrier or the have committed the violation or the com- relief in accordance with this paragraph, the contractor or subcontractor of an air carrier plainant may file objections to the findings Secretary of Labor, at the request of the or preliminary order and request a hearing or otherwise discriminate against any such complainant, shall assess against the air car- on the record. employee with respect to compensation, rier, contractor, or subcontractor named in ‘‘(iv) EFFECT OF FILING.—The filing of ob- terms, conditions, or privileges of employ- the order an amount equal to the aggregate jections under clause (iii) shall not operate ment because the employee (or any person amount of all costs and expenses (including to stay any reinstatement remedy contained acting pursuant to a request of the em- attorney and expert witness fees) reasonably in the preliminary order. ployee)— incurred by the complainant (as determined ‘‘(v) HEARINGS.—Hearings conducted pursu- ‘‘(1) provided, caused to be provided, or is by the Secretary of Labor) for, or in connec- ant to a request made under clause (iii) shall about to provide or cause to be provided to tion with, the bringing of the complaint that be conducted expeditiously and governed by the Federal Government information relat- resulted in the issuance of the order. the Federal Rules of Civil Procedure. If a ing to any violation or alleged violation of ‘‘(4) FRIVOLOUS COMPLAINTS.—Rule 11 of the hearing is not requested during the 30-day Federal Rules of Civil Procedure applies to any order, regulation, or standard of the period prescribed in clause (iii), the prelimi- Federal Aviation Administration or any any complaint brought under this section nary order shall be deemed a final order that that the Secretary finds to be frivolous or to other provision of Federal law relating to air is not subject to judicial review. carrier safety under this subtitle or any have been brought in bad faith. ‘‘(B) REQUIREMENTS.— other law of the United States; ‘‘(5) REVIEW.— ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— ‘‘(A) APPEAL TO COURT OF APPEALS.— ‘‘(2) has filed, caused to be filed, or is about The Secretary of Labor shall dismiss a com- to file or cause to be filed a proceeding relat- ‘‘(i) IN GENERAL.—Not later than 60 days plaint filed under this subsection and shall after a final order is issued under paragraph ing to any violation or alleged violation of not conduct an investigation otherwise re- any order, regulation, or standard of the (3), a person adversely affected or aggrieved quired under subparagraph (A) unless the by that order may obtain review of the order Federal Aviation Administration or any complainant makes a prima facie showing other provision of Federal law relating to air in the United States court of appeals for the that any behavior described in paragraphs (1) circuit in which the violation allegedly oc- carrier safety under this subtitle or any through (4) of subsection (a) was a contrib- other law of the United States; curred or the circuit in which the complain- uting factor in the unfavorable personnel ac- ant resided on the date of that violation. ‘‘(3) testified or will testify in such a pro- tion alleged in the complaint. ceeding; or ‘‘(ii) REQUIREMENTS FOR JUDICIAL REVIEW.— ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- A review conducted under this paragraph ‘‘(4) assisted or participated or is about to standing a finding by the Secretary that the shall be conducted in accordance with chap- assist or participate in such a proceeding. complainant has made the showing required ter 7 of title 5. The commencement of pro- ‘‘(b) DEPARTMENT OF LABOR COMPLAINT under clause (i), no investigation otherwise ceedings under this subparagraph shall not, PROCEDURE.— required under subparagraph (A) shall be unless ordered by the court, operate as a ‘‘(1) FILING AND NOTIFICATION.— conducted if the employer demonstrates, by stay of the order that is the subject of the re- ‘‘(A) IN GENERAL.—In accordance with this clear and convincing evidence, that the em- view. paragraph, a person may file (or have a per- ployer would have taken the same unfavor- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— son file on behalf of that person) a complaint able personnel action in the absence of that An order referred to in subparagraph (A) with the Secretary of Labor if that person behavior. shall not be subject to judicial review in any believes that an air carrier or contractor or ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- criminal or other civil proceeding. subcontractor of an air carrier discharged or RETARY.—The Secretary may determine that otherwise discriminated against that person a violation of subsection (a) has occurred ‘‘(6) ENFORCEMENT OF ORDER BY SECRETARY in violation of subsection (a). only if the complainant demonstrates that OF LABOR.— ‘‘(B) REQUIREMENTS FOR FILING COM- any behavior described in paragraphs (1) ‘‘(A) IN GENERAL.—If an air carrier, con- PLAINTS.—A complaint referred to in sub- through (4) of subsection (a) was a contrib- tractor, or subcontractor named in an order paragraph (A) may be filed not later than 90 uting factor in the unfavorable personnel ac- issued under paragraph (3) fails to comply days after an alleged violation occurs. The tion alleged in the complaint. with the order, the Secretary of Labor may complaint shall state the alleged violation. ‘‘(iv) PROHIBITION.—Relief may not be or- file a civil action in the United States dis- ‘‘(C) NOTIFICATION.—Upon receipt of a com- dered under subparagraph (A) if the em- trict court for the district in which the vio- plaint submitted under subparagraph (A), ployer demonstrates by clear and convincing lation occurred to enforce that order. the Secretary of Labor shall notify the air evidence that the employer would have ‘‘(B) RELIEF.—In any action brought under carrier, contractor, or subcontractor named taken the same unfavorable personnel action this paragraph, the district court shall have in the complaint and the Administrator of in the absence of that behavior. jurisdiction to grant any appropriate form of the Federal Aviation Administration of the— ‘‘(3) FINAL ORDER.— relief, including injunctive relief and com- ‘‘(i) filing of the complaint; ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT pensatory damages. ‘‘(ii) allegations contained in the com- AGREEMENTS.— ‘‘(7) ENFORCEMENT OF ORDER BY PARTIES.— plaint; ‘‘(i) IN GENERAL.—Not later than 120 days ‘‘(A) COMMENCEMENT OF ACTION.—A person ‘‘(iii) substance of evidence supporting the after conclusion of a hearing under para- on whose behalf an order is issued under complaint; and graph (2), the Secretary of Labor shall issue paragraph (3) may commence a civil action ‘‘(iv) opportunities that are afforded to the a final order that— against the air carrier, contractor, or sub- air carrier, contractor, or subcontractor ‘‘(I) provides relief in accordance with this contractor named in the order to require under paragraph (2). paragraph; or compliance with the order. The appropriate ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— ‘‘(II) denies the complaint. United States district court shall have juris- ‘‘(A) IN GENERAL.— ‘‘(ii) SETTLEMENT AGREEMENT.—At any diction, without regard to the amount in ‘‘(i) INVESTIGATION.—Not later than 60 days time before issuance of a final order under controversy or the citizenship of the parties, after receipt of a complaint filed under para- this paragraph, a proceeding under this sub- to enforce the order. graph (1) and after affording the person section may be terminated on the basis of a ‘‘(B) ATTORNEY FEES.—In issuing any final named in the complaint an opportunity to settlement agreement entered into by the order under this paragraph, the court may submit to the Secretary of Labor a written Secretary of Labor, the complainant, and the award costs of litigation (including reason- response to the complaint and an oppor- air carrier, contractor, or subcontractor al- able attorney and expert witness fees) to any tunity to meet with a representative of the leged to have committed the violation. party if the court determines that the Secretary to present statements from wit- ‘‘(B) REMEDY.—If, in response to a com- awarding of those costs is appropriate. nesses, the Secretary of Labor shall conduct plaint filed under paragraph (1), the Sec- ‘‘(c) MANDAMUS.—Any nondiscretionary an investigation and determine whether retary of Labor determines that a violation duty imposed by this section shall be en- there is reasonable cause to believe that the of subsection (a) has occurred, the Secretary forceable in a mandamus proceeding brought complaint has merit and notify in writing of Labor shall order the air carrier, con- under section 1361 of title 28. the complainant and the person alleged to tractor, or subcontractor that the Secretary ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- have committed a violation of subsection (a) of Labor determines to have committed the LATIONS.—Subsection (a) shall not apply with of the Secretary’s findings. violation to— respect to an employee of an air carrier, or ‘‘(ii) ORDER.—Except as provided in sub- ‘‘(i) take action to abate the violation; contractor or subcontractor of an air carrier paragraph (B), if the Secretary of Labor con- ‘‘(ii) reinstate the complainant to the who, acting without direction from the air cludes that there is reasonable cause to be- former position of the complainant and en- carrier (or an agent, contractor, or subcon- lieve that a violation of subsection (a) has sure the payment of compensation (including tractor of the air carrier), deliberately S11968 CONGRESSIONAL RECORD — SENATE October 5, 1999 causes a violation of any requirement relat- (1) through an effective public-private should support a long-term marketing effort ing to air carrier safety under this subtitle partnership, Federal, State, and local gov- and other important regulatory reform ini- or any other law of the United States. ernments and the travel and tourism indus- tiatives to promote increased travel to the ‘‘(e) CONTRACTOR DEFINED.—In this section, try can successfully market the United United States for the benefit of every sector the term ‘contractor’ means a company that States as the premiere international tourist of the economy. performs safety-sensitive functions by con- destination in the world; (b) PURPOSES.—The purposes of this section tract for an air carrier.’’. (2) in 1997, the travel and tourism industry are to provide international visitor initia- (b) INVESTIGATIONS AND ENFORCEMENT.— made a substantial contribution to the tives and an international marketing pro- Section 347(b)(1) of Public Law 104–50 (49 health of the Nation’s economy, as follows: gram to enable the United States travel and U.S.C. 106, note) is amended by striking (A) The industry is one of the Nation’s tourism industry and every level of govern- ‘‘protection;’’ and inserting ‘‘protection, in- largest employers, directly employing ment to benefit from a successful effort to cluding the provisions for investigations and 7,000,000 Americans, throughout every region make the United States the premiere travel enforcement as provided in chapter 12 of title of the country, heavily concentrated among destination in the world. 5, United States Code;’’. small businesses, and indirectly employing (c) INTERNATIONAL VISITOR ASSISTANCE (c) CONFORMING AMENDMENT.—The chapter an additional 9,200,000 Americans, for a total TASK FORCE.— analysis for chapter 421 is amended by add- of 16,200,000 jobs. (1) ESTABLISHMENT.—Not later than 9 ing at the end the following: (B) The industry ranks as the first, second, months after the date of enactment of this or third largest employer in 32 States and Act, the Secretary of Commerce shall estab- ‘‘SUBCHAPTER III—WHISTLEBLOWER lish an Intergovernmental Task Force for PROTECTION PROGRAM the District of Columbia, generating a total tourism-related annual payroll of International Visitor Assistance (hereafter ‘‘42121. Protection of employees providing air $127,900,000,000. in this subsection referred to as the ‘‘Task safety information.’’. (C) The industry has become the Nation’s Force’’). (d) CIVIL PENALTY.—Section 46301(a)(1)(A) third-largest retail sales industry, gener- (2) DUTIES.—The Task Force shall is amended by striking ‘‘subchapter II of ating a total of $489,000,000,000 in total ex- examine— chapter 421,’’ and inserting ‘‘subchapter II or penditures. (A) signage at facilities in the United III of chapter 421,’’. (D) The industry generated $71,700,000,000 States, including airports, seaports, land SEC. 420. IMPROVEMENTS TO AIR NAVIGATION in tax revenues for Federal, State, and local border crossings, highways, and bus, train, FACILITIES. governments; and other public transit stations, and shall Section 44502(a) is amended by adding at (3) the more than $98,000,000,000 spent by identify existing inadequacies and suggest the end thereof the following: foreign visitors in the United States in 1997 solutions for such inadequacies, such as the ‘‘(5) The Administrator may improve real generated a trade services surplus of more adoption of uniform standards on inter- property leased for air navigation facilities than $26,000,000,000; national signage for use throughout the without regard to the costs of the improve- (4) the private sector, States, and cities United States in order to facilitate inter- ments in relation to the cost of the lease if— currently spend more than $1,000,000,000 an- national visitors’ travel in the United ‘‘(A) the improvements primarily benefit nually to promote particular destinations States; the government; within the United States to international (B) the availability of multilingual travel ‘‘(B) are essential for mission accomplish- visitors; and tourism information and means of dis- ment; and (5) because other nations are spending hun- seminating, at no or minimal cost to the ‘‘(C) the government’s interest in the im- dreds of millions of dollars annually to pro- Government, of such information; and provements is protected.’’. mote the visits of international tourists to (C) facilitating the establishment of a toll- SEC. 421. DENIAL OF AIRPORT ACCESS TO CER- their countries, the United States will miss free, private-sector operated, telephone num- TAIN AIR CARRIERS. a major marketing opportunity if it fails to ber, staffed by multilingual operators, to Section 47107 is amended by adding at the aggressively compete for an increased share provide assistance to international tourists end thereof the following: of international tourism expenditures as coping with an emergency. ‘‘(q) DENIAL OF ACCESS.— they continue to increase over the next dec- (3) MEMBERSHIP.—The Task Force shall be ‘‘(1) EFFECT OF DENIAL.—If an owner or op- ade; composed of the following members: erator of an airport described in paragraph (6) a well-funded, well-coordinated inter- (A) The Secretary of Commerce. (2) denies access to an air carrier described national marketing effort—combined with (B) The Secretary of State. in paragraph (3), that denial shall not be con- additional public and private sector efforts— (C) The Secretary of Transportation. sidered to be unreasonable or unjust dis- would help small and large businesses, as (D) The Chair of the Board of Directors of crimination or a violation of this section. well as State and local governments, share the United States National Tourism Organi- ‘‘(2) AIRPORTS TO WHICH SUBSECTION AP- in the anticipated phenomenal growth of the zation. PLIES.—An airport is described in this para- international travel and tourism market in (E) Such other representatives of other graph if it— the 21st century; Federal agencies and private-sector entities ‘‘(A) is designated as a reliever airport by (7) by making permanent the successful as may be determined to be appropriate to the Administrator of the Federal Aviation visa waiver pilot program, Congress can fa- the mission of the Task Force by the Chair- Administration; cilitate the increased flow of international man. ‘‘(B) does not have an operating certificate visitors to the United States; (4) CHAIRMAN.—The Secretary of Commerce issued under part 139 of title 14, Code of Fed- (8) Congress can increase the opportunities shall be Chairman of the Task Force. The eral Regulations (or any subsequent similar for attracting international visitors and en- Task Force shall meet at least twice each regulations); and hancing their stay in the United States by— year. Each member of the Task Force shall ‘‘(C) is located within a 35-mile radius of an (A) improving international signage at air- furnish necessary assistance to the Task airport that has— ports, seaports, land border crossings, high- Force. ‘‘(i) at least 0.05 percent of the total annual ways, and bus, train, and other public transit (5) REPORT.—Not later than 18 months boardings in the United States; and stations in the United States; after the date of the enactment of this Act, ‘‘(ii) current gate capacity to handle the (B) increasing the availability of multi- the Chairman of the Task Force shall submit demands of a public charter operation. lingual tourist information; and to the President and to Congress a report on ‘‘(3) AIR CARRIERS DESCRIBED.—An air car- (C) creating a toll-free, private-sector oper- the results of the review, including proposed rier is described in this paragraph if it con- ated, telephone number, staffed by multi- amendments to existing laws or regulations ducts operations as a public charter under lingual operators, to provide assistance to as may be appropriate to implement such part 380 of title 14, Code of Federal Regula- international tourists coping with an emer- recommendations. tions (or any subsequent similar regulations) gency; (d) TRAVEL AND TOURISM INDUSTRY SAT- with aircraft that is designed to carry more (9) by establishing a satellite system of ac- ELLITE SYSTEM OF ACCOUNTING.— than 9 passengers per flight. counting for travel and tourism, the Sec- (1) IN GENERAL.—The Secretary of Com- ‘‘(4) DEFINITIONS.—In this subsection: retary of Commerce could provide Congress merce shall complete, as soon as may be ‘‘(A) AIR CARRIER; AIR TRANSPORTATION; and the President with objective, thorough practicable, a satellite system of accounting AIRCRAFT; AIRPORT.—The terms ‘air carrier’, data that would help policymakers more ac- for the travel and tourism industry. ‘air transportation’, ‘aircraft’, and ‘airport’ curately gauge the size and scope of the do- (2) FUNDING.—To the extent any costs or have the meanings given those terms in sec- mestic travel and tourism industry and its expenditures are incurred under this sub- tion 40102 of this title. significant impact on the health of the Na- section, they shall be covered to the extent ‘‘(B) PUBLIC CHARTER.—The term ‘public tion’s economy; and funds are available to the Department of charter’ means charter air transportation for (10) having established the United States Commerce for such purpose. which the general public is provided in ad- National Tourism Organization under the (e) AUTHORIZATION OF APPROPRIATIONS.— vance a schedule containing the departure United States National Tourism Organiza- (1) AUTHORIZATION.—Subject to paragraph location, departure time, and arrival loca- tion Act of 1996 (22 U.S.C. 2141 et seq.) to in- (2), there are authorized to be appropriated tion of the flights.’’. crease the United States share of the inter- such sums as may be necessary for the pur- SEC. 422. TOURISM. national tourism market by developing a na- pose of funding international promotional (a) FINDINGS.—Congress finds that— tional travel and tourism strategy, Congress activities by the United States National October 5, 1999 CONGRESSIONAL RECORD — SENATE S11969 Tourism Organization to help brand, posi- Board from any action that was appealable consults with the Administrator of General tion, and promote the United States as the to the Board under any law, rule, or regula- Services and with the heads of appropriate premiere travel and tourism destination in tion as of March 31, 1996.’’. departments and agencies of the Federal the world. SEC. 425. AUTHORITY TO SELL AIRCRAFT AND Government regarding alternative require- (2) RESTRICTIONS ON USE OF FUNDS.—None AIRCRAFT PARTS FOR USE IN RE- ments for such aircraft and aircraft parts be- of the funds appropriated under paragraph (1) SPONDING TO OIL SPILLS. fore the sale of such aircraft and aircraft may be used for purposes other than mar- (a) AUTHORITY.— parts under this section. keting, research, outreach, or any other ac- (1) Notwithstanding section 202 of the Fed- eral Property and Administrative Services (e) ADDITIONAL TERMS AND CONDITIONS.— tivity designed to promote the United States The Secretary of Defense may require such as the premiere travel and tourism destina- Act of 1949 (40 U.S.C. 483) and subject to sub- sections (b) and (c), the Secretary of Defense other terms and conditions in connection tion in the world, except that the general with each sale of aircraft and aircraft parts and administrative expenses of operating the may, during the period beginning March 1, 1999, and ending on September 30, 2002, sell under this section as the Secretary considers United States National Tourism Organiza- appropriate for such sale. Such terms and tion shall be borne by the private sector aircraft and aircraft parts referred to in paragraph (2) to a person or entity that pro- conditions shall meet the requirements of through such means as the Board of Direc- regulations prescribed under subsection (d). tors of the Organization shall determine. vides oil spill response services (including the application of oil dispersants by air) pur- (f) REPORT.—Not later than March 31, 2002, (3) REPORT TO CONGRESS.—Not later than March 30 of each year in which funds are suant to an oil spill response plan that has the Secretary of Defense shall submit to the made available under subsection (a), the Sec- been approved by the Secretary of the De- Committee on Armed Services of the Senate retary shall submit to the Committee on partment in which the Coast Guard is oper- and the Committee on National Security of ating. Commerce of the House of Representatives the House of Representatives a report on the (2) The aircraft and aircraft parts that may and the Committee on Commerce, Science, Secretary’s exercise of authority under this be sold under paragraph (1) are aircraft and and Transportation of the Senate a detailed section. The report shall set forth— aircraft parts of the Department of Defense report setting forth— (1) the number and types of aircraft sold that are determined by the Secretary to be— (A) the manner in which appropriated under the authority, and the terms and con- (A) excess to the needs of the Department; funds were expended; ditions under which the aircraft were sold; and (B) changes in the United States market (2) the persons or entities to which the air- (B) acceptable for commercial sale. craft were sold; and share of international tourism in general and (b) CONDITIONS OF SALE.—Aircraft and air- as measured against specific countries and (3) an accounting of the current use of the craft parts sold under subsection (a)— aircraft sold. regions; (1) shall have as their primary purpose (g) CONSTRUCTION.—Nothing in this section (C) an analysis of the impact of inter- usage for oil spill spotting, observation, and national tourism on the United States econ- dispersant delivery and may not have any may be construed as affecting the authority omy, including, as specifically as prac- secondary purpose that would interfere with of the Administrator of the Federal Aviation ticable, an analysis of the impact of expendi- oil spill response efforts under an oil spill re- Administration under any other provision of tures made pursuant to this section; sponse plan; law. (D) an analysis of the impact of inter- (2) may not be flown outside of or removed (h) PROCEEDS FROM SALE.—The net pro- national tourism on the United States trade from the United States except for the pur- ceeds of any amounts received by the Sec- balance and, as specifically as practicable, pose of fulfilling an international agreement retary of Defense from the sale of aircraft an analysis of the impact on the trade bal- to assist in oil spill dispersing efforts, for im- and aircraft parts under this section shall be ance of expenditures made pursuant to this mediate response efforts for an oil spill out- covered into the general fund of the Treas- section; and side United States waters that has the poten- ury as miscellaneous receipts. (E) an analysis of other relevant economic tial to threaten United States waters, or for impacts as a result of expenditures made SEC 426. AIRCRAFT AND AVIATION COMPONENT other purposes that are jointly approved by REPAIR AND MAINTENANCE ADVI- pursuant to this section. the Secretary of Defense and the Secretary SORY PANEL. SEC. 423. SENSE OF THE SENATE ON PROPERTY of Transportation. TAXES ON PUBLIC-USE AIRPORTS. (c) CERTIFICATION OF PERSONS AND ENTI- (a) ESTABLISHMENT OF PANEL.—The Admin- istrator of the Federal Aviation It is the sense of the Senate that— TIES.—The Secretary of Defense may sell air- (1) property taxes on public-use airports craft and aircraft parts to a person or entity Administration— should be assessed fairly and equitably, re- under subsection (a) only if the Secretary of (1) shall establish an Aircraft Repair and gardless of the location of the owner of the Transportation certifies to the Secretary of Maintenance Advisory Panel to review issues airport; and Defense, in writing, before the sale, that the related to the use and oversight of aircraft (2) the property tax recently assessed on person or entity is capable of meeting the and aviation component repair and mainte- the City of The Dalles, Oregon, as the owner terms and conditions of a contract to deliver nance facilities located within, or outside of, and operator of the Columbia Gorge Re- oil spill dispersants by air, and that the the United States; and gional/The Dalles Municipal Airport, located overall system to be employed by that per- (2) may seek the advice of the panel on any in the State of Washington, should be re- son or entity for the delivery and application issue related to methods to improve the safe- pealed. of oil spill dispersants has been sufficiently ty of domestic or foreign contract aircraft tested to ensure that the person or entity is and aviation component repair facilities. SEC. 424. FEDERAL AVIATION ADMINISTRATION capable of being included in an oil spill re- PERSONNEL MANAGEMENT SYSTEM. (b) MEMBERSHIP.—The panel shall consist sponse plan that has been approved by the of— (a) APPLICABILITY OF MERIT SYSTEMS PRO- Secretary of the Department in which the TECTION BOARD PROVISIONS.—Section 347(b) (1) 8 members, appointed by the Adminis- Coast Guard is operating. trator as follows: of the Department of Transportation and Re- (d) REGULATIONS.— (A) 3 representatives of labor organizations lated Agencies Appropriations Act, 1996 (109 (1) As soon as practicable after the date of representing aviation mechanics; Stat. 460) is amended— enactment of this Act, the Secretary of De- (B) 1 representative of cargo air carriers; (1) by striking ‘‘and’’ at the end of para- fense shall, in consultation with the Sec- (C) 1 representative of passenger air car- graph (6); retary of Transportation and the Adminis- riers; (2) by striking the period at the end of trator of General Services, prescribe regula- (D) 1 representative of aircraft and avia- paragraph (7) and inserting a semicolon and tions relating to the sale of aircraft and air- tion component repair stations; ‘‘and’’; and craft parts under this section. (E) 1 representative of aircraft manufac- (3) by adding at the end thereof the fol- (2) The regulations shall— turers; and lowing: (A) ensure that the sale of the aircraft and ‘‘(8) sections 1204, 1211–1218, 1221, and 7701– aircraft parts is made at a fair market value (F) 1 representative of the aviation indus- 7703, relating to the Merit Systems Protec- as determined by the Secretary of Defense, try not described in the preceding subpara- tion Board.’’. and, to the extent practicable, on a competi- graphs; (b) APPEALS TO MERIT SYSTEMS PROTECTION tive basis; (2) 1 representative from the Department BOARD.—Section 347(c) of the Department of (B) require a certification by the purchaser of Transportation, designated by the Sec- Transportation and Related Agencies Appro- that the aircraft and aircraft parts will be retary of Transportation; priations Act, 1996 is amended to read as fol- used only in accordance with the conditions (3) 1 representative from the Department lows: set forth in subsection (b); of State, designated by the Secretary of ‘‘(c) APPEALS TO MERIT SYSTEMS PROTEC- (C) establish appropriate means of State; and TION BOARD.—Under the new personnel man- verifying and enforcing the use of the air- (4) 1 representative from the Federal Avia- agement system developed and implemented craft and aircraft parts by the purchaser and tion Administration, designated by the Ad- under subsection (a), an employee of the Fed- other end-users in accordance with the con- ministrator. eral Aviation Administration may submit an ditions set forth in subsection (b) or pursu- (c) RESPONSIBILITIES.—The panel shall— appeal to the Merit Systems Protection ant to subsection (e); and (1) determine how much aircraft and avia- Board and may seek judicial review of any (D) ensure, to the maximum extent prac- tion component repair work and what type resulting final orders or decisions of the ticable, that the Secretary of Defense of aircraft and aviation component repair S11970 CONGRESSIONAL RECORD — SENATE October 5, 1999 work is being performed by aircraft and avia- craft owner or operator upon the Adminis- that consumer. In issuing the regulations tion component repair stations located with- tration’s request. issued under this subsection, the Secretary in, and outside of, the United States to bet- (b) EXISTING MEMORANDA TO BE CON- shall take into account the proposed regula- ter understand and analyze methods to im- FORMED.—The Administrator shall conform tions issued by the Secretary on January 17, prove the safety and oversight of such facili- any memoranda of agreement, in effect on 1995, published at page 3359, volume 60, Fed- ties; and the date of enactment of this Act, between eral Register. (2) provide advice and counsel to the Ad- the Administration and a person under SEC. 431. COMPENSATION UNDER THE DEATH ON ministrator with respect to aircraft and which that person obtains such data to in- THE HIGH SEAS ACT. aviation component repair work performed corporate the requirements of subsection (a) (a) IN GENERAL.—Section 2 of the Death on by those stations, staffing needs, and any within 30 days after that date. the High Seas Act (46 U.S.C. App. 762) is safety issues associated with that work. SEC. 428. ALLOCATION OF TRUST FUND FUNDING. amended— (d) FAA TO REQUEST INFORMATION FROM (a) DEFINITIONS.—In this section: (1) by inserting ‘‘(a) IN GENERAL.—’’ before FOREIGN AIRCRAFT REPAIR STATIONS.— (1) AIRPORT AND AIRWAY TRUST FUND.—The ‘‘The recovery’’; and (1) COLLECTION OF INFORMATION.—The Ad- term ‘‘Airport and Airway Trust Fund’’ (2) by adding at the end thereof the fol- ministrator shall by regulation request air- means the trust fund established under sec- lowing: craft and aviation component repair stations tion 9502 of the Internal Revenue Code of ‘‘(b) COMMERCIAL AVIATION.— located outside the United States to submit 1986. ‘‘(1) IN GENERAL.—If the death was caused during commercial aviation, additional com- such information as the Administrator may (2) SECRETARY.—The term ‘‘Secretary’’ require in order to assess safety issues and means the Secretary of Transportation. pensation for nonpecuniary damages for wrongful death of a decedent is recoverable enforcement actions with respect to the (3) STATE.—The term ‘‘State’’ means each work performed at those stations on aircraft of the States, the District of Columbia, and in a total amount, for all beneficiaries of used by United States air carriers. the Commonwealth of Puerto Rico. that decedent, that shall not exceed the greater of the pecuniary loss sustained or a (2) DRUG AND ALCOHOL TESTING INFORMA- (4) STATE DOLLAR CONTRIBUTION TO THE AIR- sum total of $750,000 from all defendants for TION.—Included in the information the Ad- PORT AND AIRWAY TRUST FUND.—The term ministrator requests under paragraph (1) ‘‘State dollar contribution to the Airport all claims. Punitive damages are not recov- shall be information on the existence and ad- and Airway Trust Fund’’, with respect to a erable. ministration of employee drug and alcohol State and fiscal year, means the amount of ‘‘(2) INFLATION ADJUSTMENT.—The $750,000 testing programs in place at such stations, if funds equal to the amounts transferred to amount shall be adjusted, beginning in cal- applicable. the Airport and Airway Trust Fund under endar year 2000 by the increase, if any, in the (3) DESCRIPTION OF WORK DONE.—Included in section 9502 of the Internal Revenue Code of Consumer Price Index for all urban con- the information the Administrator requests 1986 that are equivalent to the taxes de- sumers for the prior year over the Consumer under paragraph (1) shall be information on scribed in section 9502(b) of the Internal Rev- Price Index for all urban consumers for the the amount and type of aircraft and aviation enue Code of 1986 that are collected in that calendar year 1998. component repair work performed at those State. ‘‘(3) NONPECUNIARY DAMAGES.—For pur- stations on aircraft registered in the United (b) REPORTING.— poses of this subsection, the term ‘nonpecu- States. (1) IN GENERAL.—As soon as practicable niary damages’ means damages for loss of (e) FAA TO REQUEST INFORMATION ABOUT after the date of enactment of this Act, and care, comfort, and companionship.’’. (b) EFFECTIVE DATE.—The amendment DOMESTIC AIRCRAFT REPAIR STATIONS.—If the annually thereafter, the Secretary of the made by subsection (a) applies to any death Administrator determines that information Treasury shall report to the Secretary the caused during commercial aviation occur- on the volume of the use of domestic aircraft amount equal to the amount of taxes col- ring after July 16, 1996. and aviation component repair stations is lected in each State during the preceding fis- needed in order to better utilize Federal cal year that were transferred to the Airport SEC. 432. FAA STUDY OF BREATHING HOODS. Aviation Administration resources, the Ad- and Airway Trust Fund. The Administrator shall study whether breathing hoods currently available for use ministrator may— (2) REPORT BY SECRETARY.—Not later than (1) require United States air carriers to 90 days after the date of enactment of this by flight crews when smoke is detected are submit the information described in sub- Act, and annually thereafter, the Secretary adequate and report the results of that study section (d) with respect to their use of con- shall prepare and submit to Congress a re- to the Congress within 120 days after the tract and noncontract aircraft and aviation port that provides, for each State, for the date of enactment of this Act. component repair facilities located in the preceding fiscal year— SEC. 433. FAA STUDY OF ALTERNATIVE POWER United States; and (A) the State dollar contribution to the SOURCES FOR FLIGHT DATA RE- (2) obtain information from such stations CORDERS AND COCKPIT VOICE RE- Airport and Airway Trust Fund; and CORDERS. about work performed for foreign air car- (B) the amount of funds (from funds made The Administrator of the Federal Aviation riers. available under section 48103 of title 49, Administration shall study the need for an (f) FAA TO MAKE INFORMATION AVAILABLE United States Code) that were made avail- alternative power source for on-board flight TO PUBLIC.—The Administrator shall make able to the State (including any political data recorders and cockpit voice recorders any information received under subsection subdivision thereof) under chapter 471 of and shall report the results of that study to (d) or (e) available to the public. title 49, United States Code. the Congress within 120 days after the date of (g) TERMINATION.—The panel established SEC. 429. TAOS PUEBLO AND BLUE LAKES WIL- enactment of this Act. If, within that time, under subsection (a) shall terminate on the DERNESS AREA DEMONSTRATION the Administrator determines, after con- earlier of— PROJECT. sultation with the National Transportation (1) the date that is 2 years after the date of Within 18 months after the date of enact- Safety Board that the Board is preparing enactment of this Act; or ment of this Act, the Administrator of the recommendations with respect to this sub- (2) December 31, 2000. Federal Aviation Administration shall work ject matter and will issue those rec- (h) ANNUAL REPORT TO CONGRESS.—The Ad- with the Taos Pueblo to study the feasibility ommendations within a reasonable period of ministrator shall report annually to the Con- of conducting a demonstration project to re- time, the Administrator shall report to the gress on the number and location of air agen- quire all aircraft that fly over Taos Pueblo Congress the Administrator’s comments on cy certificates that were revoked, suspended, and the Blue Lake Wilderness Area of Taos the Board’s recommendations rather than or not renewed during the preceding year. Pueblo, New Mexico, to maintain a manda- conducting a separate study. (i) DEFINITIONS.—Any term used in this tory minimum altitude of at least 5,000 feet SEC. 434. PASSENGER FACILITY FEE LETTERS OF section that is defined in subtitle VII of title above ground level. INTENT. 49, United States Code, has the meaning SEC. 430. AIRLINE MARKETING DISCLOSURE. The Secretary of Transportation may not given that term in that subtitle. (a) DEFINITIONS.—In this section: require an eligible agency (as defined in sec- SEC. 427. AIRCRAFT SITUATIONAL DISPLAY DATA. (1) AIR CARRIER.—The term ‘‘air carrier’’ tion 40117(a)(2) of title 49, United States (a) IN GENERAL.—A memorandum of agree- has the meaning given that term in section Code), to impose a passenger facility fee (as ment between the Administrator of the Fed- 40102 of title 49, United States Code. defined in section 40117(a)(4) of that title) in eral Aviation Administration and any person (2) AIR TRANSPORTATION.—The term ‘‘air order to obtain a letter of intent under sec- that directly obtains aircraft situational dis- transportation’’ has the meaning given that tion 47110 of that title. play data from the Administration shall re- term in section 40102 of title 49, United SEC. 435. ELIMINATION OF HAZMAT ENFORCE- quire that— States Code. MENT BACKLOG. (1) the person demonstrate to the satisfac- (b) FINAL REGULATIONS.—Not later than 90 (a) FINDINGS.—The Congress makes the fol- tion of the Administrator that such person is days after the date of enactment of this Act, lowing findings: capable of selectively blocking the display of the Secretary of Transportation shall pro- (1) The transportation of hazardous mate- any aircraft-situation-display-to-industry mulgate final regulations to provide for im- rials continues to present a serious aviation derived data related to any identified air- proved oral and written disclosure to each safety problem which poses a potential craft registration number; and consumer of air transportation concerning threat to health and safety, and can result in (2) the person agree to block selectively the corporate name of the air carrier that evacuations, emergency landings, fires, inju- the aircraft registration numbers of any air- provides the air transportation purchased by ries, and deaths. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11971 (2) Although the Federal Aviation Admin- (3) by inserting ‘‘or computer reservations this chapter, the trustee, subject to the istration budget for hazardous materials in- system firm’’ after ‘‘carrier’’ in subsection court’s approval, agrees to perform all obli- spection increased $10,500,000 in fiscal year (d)(1)(B); and gations of the debtor under such security 1998, the General Accounting Office has re- (4) by striking ‘‘transportation.’’ in sub- agreement, lease, or conditional sale con- ported that the backlog of hazardous mate- section (e)(1) and insert ‘‘transportation or tract; and rials enforcement cases has increased from 6 to which a computer reservations system ‘‘(B) any default, other than a default of a to 18 months. firm is subject when providing services with kind described in section 365(b)(2), under (b) ELIMINATION OF HAZARDOUS MATERIALS respect to airline service.’’. such security agreement, lease, or condi- ENFORCEMENT BACKLOG.—The Administrator SEC. 438. PROHIBITIONS AGAINST SMOKING ON tional sale contract— of the Federal Aviation Administration SCHEDULED FLIGHTS. ‘‘(i) that occurs before the date of com- shall— (a) IN GENERAL.—Section 41706 is amended mencement of the case and is an event of de- (1) make the elimination of the backlog in to read as follows: fault therewith is cured before the expiration of such 60-day period; hazardous materials enforcement cases a pri- ‘‘§ 41706. Prohibitions against smoking on ‘‘(ii) that occurs or becomes an event of de- ority; scheduled flights (2) seek to eliminate the backlog within 6 fault after the date of commencement of the ‘‘(a) SMOKING PROHIBITION IN INTRASTATE months after the date of enactment of this case and before the expiration of such 60-day AND INTERSTATE AIR TRANSPORTATION.—An Act; and period is cured before the later of— individual may not smoke in an aircraft on (3) make every effort to ensure that inspec- ‘‘(I) the date that is 30 days after the date a scheduled airline flight segment in inter- tion and enforcement of hazardous materials of the default or event of the default; or state air transportation or intrastate air laws are carried out in a consistent manner ‘‘(II) the expiration of such 60-day period; transportation. among all geographic regions, and that ap- and ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR propriate fines and penalties are imposed in ‘‘(iii) that occurs on or after the expiration TRANSPORTATION.—The Secretary of Trans- a timely manner for violations. of such 60-day period is cured in accordance portation (referred to in this subsection as (c) INFORMATION REGARDING PROGRESS.— with the terms of such security agreement, the ‘Secretary’) shall require all air carriers The Administrator shall provide information lease, or conditional sale contract, if cure is and foreign air carriers to prohibit on and in oral or written form to the Committee on permitted under that agreement, lease, or after October 1, 1999, smoking in any aircraft Commerce, Science, and Transportation, on conditional sale contract. on a scheduled airline flight segment within a quarterly basis beginning 3 months after ‘‘(2) The equipment described in this the United States or between a place in the the date of enactment of this Act for a year, paragraph— United States and a place outside the United on plans to eliminate the backlog and en- ‘‘(A) is rolling stock equipment or acces- States. forcement activities undertaken to carry out sories used on rolling stock equipment, in- ‘‘(c) LIMITATION ON APPLICABILITY.— subsection (b). cluding superstructures or racks, that is sub- ‘‘(1) IN GENERAL.—If a foreign government ject to a security interest granted by, leased SEC. 436. FAA EVALUATION OF LONG-TERM CAP- objects to the application of subsection (b) to, or conditionally sold to a debtor; and ITAL LEASING. on the basis that subsection provides for an ‘‘(B) includes all records and documents re- Nothwithstanding any other provision of extraterritorial application of the laws of lating to such equipment that are required, law to the contrary, the Administrator of the United States, the Secretary may waive under the terms of the security agreement, the Federal Aviation Administration may es- the application of subsection (b) to a foreign lease, or conditional sale contract, that is to tablish a pilot program for fiscal years 2001 air carrier licensed by that foreign govern- be surrendered or returned by the debtor in through 2004 to test and evaluate the bene- ment at such time as an alternative prohibi- connection with the surrender or return of fits of long-term contracts for the leasing of tion negotiated under paragraph (2) becomes such equipment. aviation equipment and facilities. The Ad- effective and is enforced by the Secretary. ‘‘(3) Paragraph (1) applies to a secured ministrator shall establish criteria for the ‘‘(2) ALTERNATIVE PROHIBITION.—If, pursu- party, lessor, or conditional vendor acting in program. The Administrator may enter into ant to paragraph (1), a foreign government its own behalf or acting as trustee or other- no more than 10 leasing contracts under this objects to the prohibition under subsection wise in behalf of another party. section, each of which shall be for a period (b), the Secretary shall enter into bilateral ‘‘(b) The trustee and the secured party, les- greater than 5 years, under which the equip- negotiations with the objecting foreign gov- sor, or conditional vendor whose right to ment or facility operates. The contracts to ernment to provide for an alternative smok- take possession is protected under sub- be evaluated may include requirements re- ing prohibition. section (a) may agree, subject to the court’s lated to oceanic and air traffic control, air- ‘‘(d) REGULATIONS.—The Secretary shall approval, to extend the 60-day period speci- to-ground radio communications, and air prescribe such regulations as are necessary fied in subsection (a)(1). traffic control tower construction. to carry out this section.’’. ‘‘(c)(1) In any case under this chapter, the SEC. 437. DISCRIMINATORY PRACTICES BY COM- (b) EFFECTIVE DATE.—The amendment trustee shall immediately surrender and re- PUTER RESERVATIONS SYSTEM OUT- made by subsection (a) shall take effect on turn to a secured party, lessor, or condi- SIDE THE UNITED STATES. the date that is 60 days after the date of en- tional vendor, described in subsection (a)(1), (a) IN GENERAL.—Section 41310 is amended actment of this Act. equipment described in subsection (a)(2), if by adding at the end thereof the following: at any time after the date of commencement SEC. 439. DESIGNATING CURRENT AND FORMER of the case under this chapter such secured ‘‘(g) ACTIONS AGAINST DISCRIMINATORY AC- MILITARY AIRPORTS. TIVITY BY FOREIGN COMPUTER RESERVATION party, lessor, or conditional vendor is enti- Section 47118 is amended— tled pursuant to subsection (a)(1) to take SYSTEM.—The Secretary of Transportation (1) by striking ‘‘12.’’ in subsection (a) and may take any action the Secretary considers possession of such equipment and makes a inserting ‘‘15.’’; and written demand for such possession of the to be in the public interest to eliminate an (2) by striking ‘‘5-fiscal-year periods’’ in activity of a foreign air carrier that owns or trustee. subsection (d) and inserting ‘‘periods, each ‘‘(2) At such time as the trustee is required markets a computer reservations system, or not to exceed 5 fiscal years,’’. under paragraph (1) to surrender and return of a computer reservations system the prin- SEC. 440. ROLLING STOCK EQUIPMENT. equipment described in subsection (a)(2), any cipal offices of which are located outside the (a) IN GENERAL.—Section 1168 of title 11, lease of such equipment, and any security United States, when the Secretary, on the United States Code, is amended to read as agreement or conditional sale contract relat- Secretary’s own initiative or in response to a follows: ing to such equipment, if such security complaint, decides that the activity with re- ‘‘§ 1168. Rolling stock equipment agreement or conditional sale contract is an spect to airline service— executory contract, shall be deemed re- ‘‘(1) is an unjustifiable or unreasonable dis- ‘‘(a)(1) The right of a secured party with a jected. criminatory, predatory, or anticompetitive security interest in or of a lessor or condi- ‘‘(d) With respect to equipment first placed practice against a computer reservations tional vendor of equipment described in in service on or prior to October 22, 1994, for system the principal offices of which are lo- paragraph (2) to take possession of such purposes of this section— cated in the United States; or equipment in compliance with an equipment ‘‘(1) the term ‘lease’ includes any written ‘‘(2) imposes an unjustifiable or unreason- security agreement, lease, or conditional agreement with respect to which the lessor able restriction on access of a computer res- sale contract, and to enforce any of its other and the debtor, as lessee, have expressed in ervations system the principal offices of rights or remedies under such security agree- the agreement or in a substantially contem- which are located in the United States to a ment, lease, or conditional sale contract, to poraneous writing that the agreement is to foreign market.’’. sell, lease, or otherwise retain or dispose of be treated as a lease for Federal income tax (b) CONFORMING AMENDMENTS.—Section such equipment, is not limited or otherwise purposes; and 41310 is amended— affected by any other provision of this title ‘‘(2) the term ‘security interest’ means a (1) by striking ‘‘carrier’’ in the first sen- or by any power of the court, except that purchase-money equipment security inter- tence of subsection (d)(1) and inserting ‘‘car- right to take possession and enforce those est. rier, computer reservations system firm,’’; other rights and remedies shall be subject to ‘‘(e) With respect to equipment first placed (2) by striking ‘‘subsection (c)’’ in sub- section 362, if— in service after October 22, 1994, for purposes section (d)(1) and inserting ‘‘subsection (c) or ‘‘(A) before the date that is 60 days after of this section, the term ‘rolling stock equip- (g)’’; the date of commencement of a case under ment’ includes rolling stock equipment that S11972 CONGRESSIONAL RECORD — SENATE October 5, 1999 is substantially rebuilt and accessories used section (a) may agree, subject to the ap- SEC. 443. REPORT ON SPECIALTY METALS CON- on such equipment.’’. proval of the court, to extend the 60-day pe- SORTIUM. (b) AIRCRAFT EQUIPMENT AND VESSELS.— riod specified in subsection (a)(1). The Administrator of the Federal Aviation Section 1110 of title 11, United States Code, ‘‘(c)(1) In any case under this chapter, the Administration may work with a consortium is amended to read as follows: trustee shall immediately surrender and re- of domestic metal producers and aircraft en- gine manufacturers to improve the quality of ‘‘§ 1110. Aircraft equipment and vessels turn to a secured party, lessor, or condi- tional vendor, described in subsection (a)(1), turbine engine materials and to address ‘‘(a)(1) Except as provided in paragraph (2) equipment described in subsection (a)(3), if melting technology enhancements. The Ad- and subject to subsection (b), the right of a at any time after the date of the order for re- ministrator shall report to the Congress secured party with a security interest in lief under this chapter such secured party, within 6 months after entering into an agree- equipment described in paragraph (3), or of a lessor, or conditional vendor is entitled pur- ment with any such consortium of such pro- lessor or conditional vendor of such equip- suant to subsection (a)(1) to take possession ducers and manufacturers on the goals and ment, to take possession of such equipment of such equipment and makes a written de- efforts of the consortium. in compliance with a security agreement, mand for such possession to the trustee. SEC. 444. PAVEMENT CONDITION. lease, or conditional sale contract, and to en- ‘‘(2) At such time as the trustee is required The Administrator of the Federal Aviation force any of its other rights or remedies, under paragraph (1) to surrender and return Administration may conduct a study on the under such security agreement, lease, or con- equipment described in subsection (a)(3), any extent of alkali silica reactivity-induced ditional sale contract, to sell, lease, or oth- lease of such equipment, and any security pavement distress in concrete runways, erwise retain or dispose of such equipment, agreement or conditional sale contract relat- taxiways, and aprons for airports comprising is not limited or otherwise affected by any ing to such equipment, if such security the national air transportation system. If other provision of this title or by any power agreement or conditional sale contract is an the Administrator conducts such a study, it of the court. executory contract, shall be deemed re- shall include a determination based on in- ‘‘(2) The right to take possession and to en- jected. the-field inspections followed by force the other rights and remedies described ‘‘(d) With respect to equipment first placed petrographic analysis or other similar tech- in paragraph (1) shall be subject to section in service on or before October 22, 1994, for niques. 362 if— purposes of this section— SEC. 445. INHERENTLY LOW-EMISSION AIRPORT ‘‘(A) before the date that is 60 days after ‘‘(1) the term ‘lease’ includes any written VEHICLE PILOT PROGRAM. the date of the order for relief under this agreement with respect to which the lessor (a) IN GENERAL.—Subchapter I of chapter chapter, the trustee, subject to the approval and the debtor, as lessee, have expressed in 471 is further amended by adding at the end of the court, agrees to perform all obliga- the agreement or in a substantially contem- the following: tions of the debtor under such security poraneous writing that the agreement is to ‘‘§ 47137. Inherently low-emission airport ve- agreement, lease, or conditional sale con- be treated as a lease for Federal income tax hicle pilot program tract; and purposes; and ‘‘(a) IN GENERAL.—The Secretary of Trans- ‘‘(B) any default, other than a default of a ‘‘(2) the term ‘security interest’ means a portation shall carry out a pilot program at kind specified in section 365(b)(2), under such purchase-money equipment security inter- not more than 10 public-use airports under security agreement, lease, or conditional est.’’. which the sponsors of such airports may use sale contract— SEC. 441. MONROE REGIONAL AIRPORT LAND funds made available under section 48103 for ‘‘(i) that occurs before the date of the order CONVEYANCE. use at such airports to carry out inherently is cured before the expiration of such 60-day The Secretary of Transportation may low-emission vehicle activities. Notwith- period; waive all terms contained in the 1949 deed of standing any other provision of this sub- ‘‘(ii) that occurs after the date of the order conveyance under which the United States chapter, inherently low-emission vehicle ac- and before the expiration of such 60-day pe- conveyed certain property then constituting tivities shall for purposes of the pilot pro- riod is cured before the later of— Selman Field, Louisiana, to the City of Mon- gram be treated as eligible for assistance ‘‘(I) the date that is 30 days after the date roe, Louisiana, subject to the following con- under this subchapter. of the default; or ditions: ‘‘(b) LOCATION IN AIR QUALITY NONATTAIN- ‘‘(II) the expiration of such 60-day period; (1) The city agrees that in conveying any MENT AREAS.— and interest in such property the city will re- ‘‘(1) IN GENERAL.—A public-use airport ‘‘(iii) that occurs on or after the expiration ceive an amount for such interest that is shall be eligible for participation in the pilot of such 60-day period is cured in compliance equal to the fair market value for such inter- program only if the airport is located in an with the terms of such security agreement, est. air quality nonattainment area (as defined in lease, or conditional sale contract, if a cure (2) The amount received by the city for section 171(2) of the Clean Air Act (42 U.S.C. is permitted under that agreement, lease, or such conveyance shall be used by the city— 7501(d)). contract. (A) for the development, improvement, op- ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec- ‘‘(3) The equipment described in this eration, or maintenance of a public airport; retary receives an insufficient number of ap- paragraph— or plications from public-use airports located in ‘‘(A) is— (B) for the development or improvement of such areas, then the Secretary may consider ‘‘(i) an aircraft, aircraft engine, propeller, the city’s airport industrial park co-located applications from public-use airports that appliance, or spare part (as defined in section with the Monroe Regional Airport to the ex- are not located in such areas. 40102 of title 49) that is subject to a security tent that such development or improvement ‘‘(c) SELECTION CRITERIA.—In selecting interest granted by, leased to, or condi- will result in an increase, over time, in the from among applicants for participation in tionally sold to a debtor that, at the time amount the industrial park will pay to the the pilot program, the Secretary shall give such transaction is entered into, holds an air airport to an amount that is greater than priority consideration to applicants that will carrier operating certificate issued pursuant the amount the city received for such con- achieve the greatest air quality benefits measured by the amount of emissions re- to chapter 447 of title 49 for aircraft capable veyance. duced per dollar of funds expended under the of carrying 10 or more individuals or 6,000 SEC. 442. CINCINNATI-MUNICIPAL BLUE ASH AIR- pilot program. pounds or more of cargo; or PORT. ‘‘(d) UNITED STATES GOVERNMENT’S ‘‘(ii) a documented vessel (as defined in To maintain the efficient utilization of air- SHARE.—Notwithstanding any other provi- section 30101(1) of title 46) that is subject to ports in the high-growth Cincinnati local sion of this subchapter, the United States a security interest granted by, leased to, or airport system, and to ensure that the Cin- Government’s share of the costs of a project conditionally sold to a debtor that is a water cinnati-Municipal Blue Ash Airport con- carried out under the pilot program shall be carrier that, at the time such transaction is tinues to operate to relieve congestion at 50 percent. entered into, holds a certificate of public Cincinnati-Northern Kentucky International ‘‘(e) MAXIMUM AMOUNT.—Not more than convenience and necessity or permit issued Airport and to provide greater access to the $2,000,000 may be expended under the pilot by the Department of Transportation; and general aviation community beyond the ex- program at any single public-use airport. ‘‘(B) includes all records and documents re- piration of the City of Cincinnati’s grant ob- ‘‘(f) REPORT TO CONGRESS.—Not later than lating to such equipment that are required, ligations, the Secretary of Transportation 18 months after the date of the enactment of under the terms of the security agreement, may approve the sale of Cincinnati-Munic- the Air Transportation Improvement Act, lease, or conditional sale contract, to be sur- ipal Blue Ash Airport from the City of Cin- the Secretary shall transmit to the Com- rendered or returned by the debtor in con- cinnati to the City of Blue Ash upon a find- mittee on Transportation and Infrastructure nection with the surrender or return of such ing that the City of Blue Ash meets all appli- of the House of Representatives and the equipment. cable requirements for sponsorship and if the Committee on Commerce, Science, and ‘‘(4) Paragraph (1) applies to a secured City of Blue Ash agrees to continue to main- Transportation of the Senate a report party, lessor, or conditional vendor acting in tain and operate Blue Ash Airport, as gen- containing— its own behalf or acting as trustee or other- erally contemplated and described within ‘‘(1) an evaluation of the effectiveness of wise in behalf of another party. the Blue Ash Master Plan Update dated No- the pilot program; ‘‘(b) The trustee and the secured party, les- vember 30, 1998, for a period of 20 years from ‘‘(2) an identification of other public-use sor, or conditional vendor whose right to the date existing grant assurance obligations airports that expressed an interest in par- take possession is protected under sub- of the City of Cincinnati expire. ticipating in the pilot program; and October 5, 1999 CONGRESSIONAL RECORD — SENATE S11973 ‘‘(3) a description of the mechanisms used restriction that would otherwise apply to that are related to the size of the airport and by the Secretary to ensure that the informa- that land as a result of the conveyance of the size of the community immediately sur- tion and know-how gained by participants to that land by the United States to the insti- rounding the airport. the pilot program is transferred among the tution of higher education. (b) REPORT TRANSMITTED TO CONGRESS; participants and to other interested parties, (2) USE OF LANDS.—An institution of higher DEADLINE.—The Administrator shall trans- including other public-use airports. education that is issued a waiver under sub- mit a report containing the Administrator’s ‘‘(g) INHERENTLY LOW-EMISSION VEHICLE AC- section (a) may use revenues derived from findings and recommendations to the Avia- TIVITY DEFINED.—In this section, the term the use, operation, or disposal of that land tion Subcommittee of the Senate Committee ‘inherently low-emission vehicle activity’ only for weather-related and educational on Commerce, Science, and Transportation means— purposes that include benefits for aviation. and the Aviation Subcommittee of the House ‘‘(1) the construction of infrastructure or (d) GRANTS.— of Representatives Committee on Transpor- modifications at public-use airports to en- (1) IN GENERAL.—Notwithstanding any tation and Infrastructure within 6 months able the delivery of fuel and services nec- other provision of law, if an institution of after the date of enactment of this Act. essary for the use of vehicles that are cer- higher education that is subject to a waiver (c) COST/BENEFIT ANALYSIS OF PROPOSED tified as inherently low-emission vehicles under subsection (a) received financial as- CHANGES.—If the Administrator rec- under title 40 of the Code of Federal Regula- sistance in the form of a grant from the Fed- ommends, on the basis of a study conducted tions, that— eral Aviation Administration or a prede- under subsection (a), that part 139 of title 14, ‘‘(A) operate exclusively on compressed cessor agency before the date of enactment Code of Federal Regulations, should be re- natural gas, liquefied natural gas, liquefied of this Act, then the Secretary of Transpor- vised to meet current and future airport petroleum gas, electricity, hydrogen, or a tation may waive the repayment of the out- safety needs, the Administrator shall include blend at least 85 percent of which is meth- standing amount of any grant that the insti- a cost-benefit analysis of any recommended anol; tution of higher education would otherwise changes in the report. ‘‘(B) are labeled in accordance with section be required to pay. SEC. 452. FLIGHT TRAINING OF INTERNATIONAL 88.312–93(c) of such title; and (2) ELIGIBILITY TO RECEIVE SUBSEQUENT STUDENTS. ‘‘(C) are located or primarily used at pub- GRANTS.—Nothing in paragraph (1) shall af- The Federal Aviation Administration shall lic-use airports; fect the eligibility of an institution of higher implement a bilateral aviation safety agree- ‘‘(2) the construction of infrastructure or education that is subject to that paragraph ment for conversion of flight crew licenses modifications at public-use airports to en- from receiving grants from the Secretary of between the government of the United able the delivery of fuel and services nec- Transportation under chapter 471 of title 49, States and the Joint Aviation Authority essary for the use of non-road vehicles that— United States Code, or under any other pro- member governments. ‘‘(A) operate exclusively on compressed vision of law relating to financial assistance SEC. 453. GRANT PARISH, LOUISIANA. natural gas, liquefied natural gas, liquefied provided through the Federal Aviation Ad- IN GENERAL.—The United States may re- petroleum gas, electricity, hydrogen, or a ministration. lease, without monetary consideration, all blend at least 85 percent of which is meth- SEC. 447. AUTOMATED SURFACE OBSERVATION restrictions, conditions, and limitations on anol; SYSTEM/AUTOMATED WEATHER OB- the use, encumbrance, or conveyance of cer- ‘‘(B) meet or exceed the standards set forth SERVING SYSTEM UPGRADE. tain land located in Grant Parish, Louisiana, in section 86.1708–99 of title 40 of the Code of Section 48101 is further amended by adding identified as Tracts B, C, and D on the map Federal Regulations, or the standards set at the end the following: entitled ‘‘Plat of Restricted Properties/ forth in section 89.112(a) of such title, and ‘‘(f) AUTOMATED SURFACE OBSERVATION Former Pollock Army Airfield, Pollock, are in compliance with the requirements of SYSTEM/AUTOMATED WEATHER OBSERVING Louisiana’’, dated August 1, 1996, to the ex- SYSTEM UPGRADE.—Of the amounts appro- section 89.112(b) of such title; and tent such restrictions, conditions, and limi- priated under subsection (a) for fiscal years ‘‘(C) are located or primarily used at pub- tations are enforceable by the United States, beginning after September 30, 2000, such lic-use airports; but the United States shall retain the right sums as may be necessary for the implemen- ‘‘(3) the payment of that portion of the of access to, and use of, that land for na- tation and use of upgrades to the current cost of acquiring such vehicles that exceeds tional defense purposes in time of war or na- automated surface observation system/auto- the cost of acquiring other vehicles or en- tional emergency. mated weather observing system, if the up- gines that would be used for the same pur- (b) MINERAL RIGHTS.—Nothing in sub- grade is successfully demonstrated.’’. pose; or section (a) affects the ownership or disposi- ‘‘(4) the acquisition of technological cap- SEC. 448. TERMINAL AUTOMATED RADAR DIS- tion of oil, gas, or other mineral resources PLAY AND INFORMATION SYSTEM. associated with land described in subsection ital equipment to enable the delivery of fuel The Administrator of the Federal Aviation (a). and services necessary for the use of vehicles Administration is authorized to develop a described in paragraph (1).’’. national policy and related procedures con- TITLE V—AVIATION COMPETITION (b) CONFORMING AMENDMENT.—The analysis cerning the Terminal Automated Radar Dis- PROMOTION for subchapter I of chapter 471 is further play and Information System and sequencing SEC. 501. PURPOSE. amended by adding at the end the following: for Visual Flight Rule air traffic control The purpose of this title is to facilitate, ‘‘47137. Inherently low-emission airport vehi- towers. through a 4-year pilot program, incentives cle pilot program.’’. SEC. 449. COST/BENEFIT ANALYSIS FOR RET- and projects that will help up to 40 commu- SEC. 446. CONVEYANCE OF AIRPORT PROPERTY ROFIT OF 16G SEATS. nities or consortia of communities to im- TO AN INSTITUTION OF HIGHER Before the Administrator of the Federal prove their access to the essential airport fa- EDUCATION IN OKLAHOMA. Aviation Administration issues a final rule cilities of the national air transportation (a) IN GENERAL.—Notwithstanding any requiring the air carriers to retrofit existing system through public-private partnerships other provision of law, including the Surplus aircraft with 16G seats, the Administrator and to identify and establish ways to over- Property Act of 1944 (58 Stat. 765, chapter shall conduct, in consultation with the In- come the unique policy, economic, geo- 479; 50 U.S.C. App. 1622 et seq.), the Secretary spector General of the Department of Trans- graphic, and marketplace factors that may of Transportation (or the appropriate Fed- portation, a comprehensive analysis of the inhibit the availability of quality, affordable eral officer) may waive, without charge, any costs and benefits that would be associated air service to small communities. of the terms contained in any deed of con- with the issuance of such a final rule. SEC. 502. ESTABLISHMENT OF SMALL COMMU- veyance described in subsection (b) that re- SEC. 450. RALEIGH COUNTY, WEST VIRGINIA, ME- NITY AVIATION DEVELOPMENT PRO- strict the use of any land described in such MORIAL AIRPORT. GRAM. a deed that, as of the date of enactment of The Secretary of Transportation may Section 102 is amended by adding at the this Act, is not being used for the operation grant a release from any term or condition end thereof the following: of an airport or for air traffic. A waiver made in a grant agreement for the development or ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVEL- under the preceding sentence shall be improvement of the Raleigh County Memo- OPMENT PROGRAM.— deemed to be consistent with the require- rial Airport, West Virginia, if the Secretary ‘‘(1) ESTABLISHMENT.—The Secretary shall ments of section 47153 of title 49, United determines that the property to be establish a 4-year pilot aviation development States Code. released— program to be administered by a program di- (b) DEED OF CONVEYANCE.—A deed of con- (1) does not exceed 400 acres; and rector designated by the Secretary. veyance referred to in subsection (a) is a (2) is not needed for airport purposes. ‘‘(2) FUNCTIONS.—The program director deed of conveyance issued by the United SEC. 451. AIRPORT SAFETY NEEDS. shall— States before the date of enactment of this (a) IN GENERAL.—The Administrator shall ‘‘(A) function as a facilitator between Act for the conveyance of lands to a public conduct a study reviewing current and fu- small communities and air carriers; institution of higher education in Oklahoma. ture airport safety needs that— ‘‘(B) carry out section 41743 of this title; (c) USE OF LANDS SUBJECT TO WAIVER.— (1) focuses specifically on the mission of ‘‘(C) carry out the airline service restora- (1) IN GENERAL.—Notwithstanding any rescue personnel, rescue operations response tion program under sections 41744, 41745, and other provision of law, the lands subject to a time, and extinguishing equipment; and 41746 of this title; waiver under subsection (a) shall not be sub- (2) gives particular consideration to the ‘‘(D) ensure that the Bureau of Transpor- ject to any term, condition, reservation, or need for different requirements for airports tation Statistics collects data on passenger S11974 CONGRESSIONAL RECORD — SENATE October 5, 1999 information to assess the service needs of munities and air carriers, taking into ac- the program director may facilitate service small communities; count their proposals and needs, to facilitate by— ‘‘(E) work with and coordinate efforts with the initiation of service. The program ‘‘(1) working with airports and air carriers other Federal, State, and local agencies to director— to ensure that appropriate facilities are increase the viability of service to small ‘‘(1) may work with communities to de- made available at essential airports; communities and the creation of aviation de- velop innovative means and incentives for ‘‘(2) collecting data on air carrier service velopment zones; and the initiation of service; to small communities; and ‘‘(F) provide policy recommendations to ‘‘(2) may obligate funds authorized under ‘‘(3) providing policy recommendations to the Secretary and the Congress that will en- section 504 of the Air Transportation Im- the Secretary to stimulate air service and sure that small communities have access to provement Act to carry out this section; competition to small communities. quality, affordable air transportation serv- ‘‘(3) shall continue to work with both the ‘‘(d) ADDITIONAL ACTION.—Under the pilot ices. carriers and the communities to develop a program established pursuant to subsection ‘‘(3) REPORTS.—The program director shall combination of community incentives and (a), the Secretary shall work with air car- provide an annual report to the Secretary carrier service levels that— riers providing service to participating com- and the Congress beginning in 2000 that— ‘‘(A) are acceptable to communities and munities and major air carriers serving large ‘‘(A) analyzes the availability of air trans- carriers; and hub airports (as defined in section 41731(a)(3)) portation services in small communities, in- ‘‘(B) do not conflict with other Federal or to facilitate joint fare arrangements con- cluding, but not limited to, an assessment of State programs to facilitate air transpor- sistent with normal industry practice. the air fares charged for air transportation tation to the communities; services in small communities compared to ‘‘(4) designate an airport in the program as ‘‘§ 41745. Assistance to communities for serv- air fares charged for air transportation serv- an Air Service Development Zone and work ice ices in larger metropolitan areas and an as- with the community on means to attract ‘‘(a) IN GENERAL.—Financial assistance sessment of the levels of service, measured business to the area surrounding the airport, provided under section 41743 during any fis- by types of aircraft used, the availability of to develop land use options for the area, and cal year as part of the pilot program estab- seats, and scheduling of flights, provided to provide data, working with the Department lished under section 41744(a) shall be imple- small communities; of Commerce and other agencies; mented for not more than— ‘‘(B) identifies the policy, economic, geo- ‘‘(5) take such other action under this ‘‘(1) 4 communities within any State at graphic and marketplace factors that inhibit chapter as may be appropriate. any given time; and the availability of quality, affordable air ‘‘(e) LIMITATIONS.— ‘‘(2) 40 communities in the entire program transportation services to small commu- ‘‘(1) COMMUNITY SUPPORT.—The program di- at any time. nities; and rector may not provide financial assistance For purposes of this subsection, a consor- ‘‘(C) provides policy recommendations to under subsection (c)(2) to any community tium of communities shall be treated as a address the policy, economic, geographic, unless the program director determines single community. and marketplace factors inhibiting the avail- that— ability of quality, affordable air transpor- ‘‘(A) a public-private partnership exists at ‘‘(b) ELIGIBILITY.—In order to participate tation services to small communities.’’. the community level to carry out the com- in a pilot project under this subchapter, a SEC. 503. COMMUNITY-CARRIER AIR SERVICE munity’s proposal; State, community, or group of communities PROGRAM. ‘‘(B) the community will make a substan- shall apply to the Secretary in such form (a) IN GENERAL.—Subchapter II of chapter tial financial contribution that is appro- and at such time, and shall supply such in- 417 is amended by adding at the end thereof priate for that community’s resources, but of formation, as the Secretary may require, and the following: not less than 25 percent of the cost of the shall demonstrate to the satisfaction of the Secretary that— ‘‘§ 41743. Air service program for small com- project in any event; ‘‘(1) the applicant has an identifiable need munities ‘‘(C) the community has established an open process for soliciting air service pro- for access, or improved access, to the na- ‘‘(a) COMMUNITIES PROGRAM.—Under advi- posals; and tional air transportation system that would sory guidelines prescribed by the Secretary ‘‘(D) the community will accord similar benefit the public; of Transportation, a small community or a benefits to air carriers that are similarly sit- ‘‘(2) the pilot project will provide material consortia of small communities or a State uated. benefits to a broad section of the travelling may develop an assessment of its air service ‘‘(2) AMOUNT.—The program director may public, businesses, educational institutions, requirements, in such form as the program not obligate more than $80,000,000 of the and other enterprises whose access to the na- director designated by the Secretary under amounts authorized under 504 of the Air tional air transportation system is limited; section 102(g) may require, and submit the Transportation Improvement Act over the 4 ‘‘(3) the pilot project will not impede com- assessment and service proposal to the pro- years of the program. petition; and gram director. ‘‘(3) NUMBER OF PARTICIPANTS.—The pro- ‘‘(4) the applicant has established, or will ‘‘(b) SELECTION OF PARTICIPANTS.—In se- establish, public-private partnerships in con- lecting community programs for participa- gram established under subsection (a) shall not involve more than 40 communities or nection with the pilot project to facilitate tion in the communities program under sub- service to the public. section (a), the program director shall apply consortia of communities. ‘‘(f) REPORT.—The program director shall criteria, including geographical diversity ‘‘(c) COORDINATION WITH OTHER PROVISIONS report through the Secretary to the Congress and the presentation of unique cir- OF SUBCHAPTER.—The Secretary shall carry annually on the progress made under this cumstances, that will demonstrate the feasi- out the 4-year pilot program authorized by section during the preceding year in expand- bility of the program. For purposes of this this subchapter in such a manner as to com- ing commercial aviation service to smaller subsection, the application of geographical plement action taken under the other provi- communities. diversity criteria means criteria that— sions of this subchapter. To the extent the ‘‘(1) will promote the development of a na- ‘‘§ 41744. Pilot program project authority Secretary determines to be appropriate, the tional air transportation system; and ‘‘(a) IN GENERAL.—The program director Secretary may adopt criteria for implemen- ‘‘(2) will involve the participation of com- designated by the Secretary of Transpor- tation of the 4-year pilot program that are munities in all regions of the country. tation under section 102(g)(1) shall establish the same as, or similar to, the criteria devel- ‘‘(c) CARRIERS PROGRAM.—The program di- a 4-year pilot program— oped under the preceding sections of this rector shall invite part 121 air carriers and ‘‘(1) to assist communities and States with subchapter for determining which airports regional/commuter carriers (as such terms inadequate access to the national transpor- are eligible under those sections. The Sec- are defined in section 41715(d) of this title) to tation system to improve their access to retary shall also, to the extent possible, pro- offer service proposals in response to, or in that system; and vide incentives where no direct, viable, and conjunction with, community aircraft serv- ‘‘(2) to facilitate better air service link-ups feasible alternative service exists, taking ice assessments submitted to the office to support the improved access. into account geographical diversity and ap- under subsection (a). A service proposal ‘‘(b) PROJECT AUTHORITY.—Under the pilot propriate market definitions. under this paragraph shall include— program established pursuant to subsection ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The ‘‘(1) an assessment of potential daily pas- (a), the program director may— Secretary shall structure the program estab- senger traffic, revenues, and costs necessary ‘‘(1) out of amounts authorized under sec- lished pursuant to section 41744(a) in a way for the carrier to offer the service; tion 504 of the Air Transportation Improve- designed to— ‘‘(2) a forecast of the minimum percentage ment Act, provide financial assistance by ‘‘(1) permit the participation of the max- of that traffic the carrier would require the way of grants to small communities or con- imum feasible number of communities and community to garner in order for the carrier sortia of small communities under section States over a 4-year period by limiting the to start up and maintain the service; and 41743 of up to $500,000 per year; and number of years of participation or other- ‘‘(3) the costs and benefits of providing jet ‘‘(2) take such other action as may be ap- wise; and service by regional or other jet aircraft. propriate. ‘‘(2) obtain the greatest possible leverage ‘‘(d) PROGRAM SUPPORT FUNCTION.—The ‘‘(c) OTHER ACTION.—Under the pilot pro- from the financial resources available to the program director shall work with small com- gram established pursuant to subsection (a), Secretary and the applicant by— October 5, 1999 CONGRESSIONAL RECORD — SENATE S11975

‘‘(A) progressively decreasing, on a project- riers that may inhibit the availability of ‘‘(1) IN GENERAL.—In granting slot exemp- by-project basis, any Federal financial incen- quality, affordable air transportation serv- tions under this section the Secretary shall tives provided under this chapter over the 4- ices to small- and medium-sized commu- give priority consideration to an application year period; and nities, including— from an air carrier that, as of July 1, 1998, ‘‘(B) terminating as early as feasible Fed- ‘‘(1) marketing arrangements between air- operated or held fewer than 20 slots or slot eral financial incentives for any project de- lines and travel agents; exemptions at the high density airport for termined by the Secretary after its imple- ‘‘(2) code-sharing partnerships; which it filed an exemption application. mentation to be— ‘‘(3) computer reservation system displays; ‘‘(2) LIMITATION.—No priority may be given ‘‘(i) viable without further support under ‘‘(4) gate arrangements at airports; under paragraph (1) to an air carrier that, at this subchapter; or ‘‘(5) exclusive dealing arrangements; and the time of application, operates or holds 20 ‘‘(ii) failing to meet the purposes of this ‘‘(6) any other marketing practice that or more slots and slot exemptions at the air- chapter or criteria established by the Sec- may have the same effect. port for which the exemption application is retary under the pilot program. ‘‘(c) REGULATIONS.—If the Secretary finds, filed. ‘‘(e) SUCCESS BONUS.—If Federal financial after conducting the review required by sub- ‘‘(3) AFFILIATED CARRIERS.—The Secretary incentives to a community are terminated section (b), that marketing practices inhibit shall treat all commuter air carriers that under subsection (d)(2)(B) because of the suc- the availability of such service to such com- have cooperative agreements, including cess of the program in that community, then munities, then, after public notice and an op- code-share agreements, with other air car- that community may receive a one-time in- portunity for comment, the Secretary may riers equally for determining eligibility for centive grant to ensure the continued suc- promulgate regulations that address the exemptions under this section regardless of cess of that program. problem, or take other appropriate action. the form of the corporate relationship be- ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.— Nothing in this section expands the author- tween the commuter air carrier and the No new financial assistance may be provided ity or jurisdiction of the Secretary to pro- other air carrier. under this subchapter for any fiscal year be- mulgate regulations under the Federal Avia- ‘‘(g) STAGE 3 AIRCRAFT REQUIRED.—An ex- ginning more than 4 years after the date of tion Act or under any other Act.’’. emption may not be granted under this sec- enactment of the Air Transportation Im- SEC. 506. SLOT EXEMPTIONS FOR NONSTOP RE- tion with respect to any aircraft that is not provement Act. GIONAL JET SERVICE. a Stage 3 aircraft (as defined by the Sec- ‘‘§ 41746. Additional authority (a) IN GENERAL.—Subchapter I of chapter retary). ‘‘(h) REGIONAL JET DEFINED.—In this sec- ‘‘In carrying out this chapter, the 417, as amended by section 310, is amended by tion, the term ‘regional jet’ means a pas- Secretary— adding at the end thereof the following: senger, turbofan-powered aircraft carrying ‘‘(1) may provide assistance to States and ‘‘§ 41718. Slot exemptions for nonstop re- not fewer than 30 and not more than 50 pas- communities in the design and application gional jet service sengers.’’. phase of any project under this chapter, and ‘‘(a) IN GENERAL.—Within 90 days after re- (b) CONFORMING AMENDMENTS.— oversee the implementation of any such ceiving an application for an exemption to (1) Section 40102 is amended by inserting project; provide nonstop regional jet air service after paragraph (28) the following: ‘‘(2) may assist States and communities in between— ‘‘(28A) LIMITED INCUMBENT AIR CARRIER.— putting together projects under this chapter ‘‘(1) an airport with fewer than 2,000,000 an- The term ‘limited incumbent air carrier’ has to utilize private sector resources, other nual enplanements; and the meaning given that term in subpart S of Federal resources, or a combination of public ‘‘(2) a high density airport subject to the part 93 of title 14, Code of Federal Regula- and private resources; exemption authority under section 41714(a), tions, except that ‘20’ shall be substituted for ‘‘(3) may accord priority to service by jet the Secretary of Transportation shall grant ‘12’ in sections 93.213(a)(5), 93.223(c)(3), and aircraft; or deny the exemption in accordance with es- 93.225(h) as such sections were in effect on ‘‘(4) take such action as may be necessary tablished principles of safety and the pro- August 1, 1998.’’. to ensure that financial resources, facilities, motion of competition. (2) The chapter analysis for subchapter I of ‘‘(b) EXISTING SLOTS TAKEN INTO AC- and administrative arrangements made chapter 417 is amended by adding at the end COUNT.—In deciding to grant or deny an ex- under this chapter are used to carry out the thereof the following: purposes of title V of the Air Transportation emption under subsection (a), the Secretary Improvement Act; and may take into consideration the slots and ‘‘41718. Slot exemptions for nonstop regional ‘‘(5) shall work with the Federal Aviation slot exemptions already used by the appli- jet service.’’. Administration on airport and air traffic cant. SEC. 507. EXEMPTIONS TO PERIMETER RULE AT control needs of communities in the pro- ‘‘(c) CONDITIONS.—The Secretary may grant RONALD REAGAN WASHINGTON NA- TIONAL AIRPORT. gram.’’. an exemption to an air carrier under sub- (a) IN GENERAL.—Subchapter I of chapter (b) CONFORMING AMENDMENT.—The chapter section (a)— 417, as amended by section 506, is amended by analysis for subchapter II of chapter 417 is ‘‘(1) for a period of not less than 12 months; adding at the end thereof the following: amended by inserting after the item relating ‘‘(2) for a minimum of 2 daily roundtrip to section 41742 the following: flights; and ‘‘§ 41719. Special Rules for Ronald Reagan Washington National Airport ‘‘41743. Air service program for small com- ‘‘(3) for a maximum of 3 daily roundtrip munities. flights. ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The ‘‘41744. Pilot program project authority. ‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR Secretary shall by order grant exemptions ‘‘41745. Assistance to communities for serv- MEDIUM HUB AIRPORT; JET AIRCRAFT.—The from the application of sections 49104(a)(5), ice. Secretary may, upon application made by an 49109, 49111(e), and 41714 of this title to air ‘‘41746. Additional authority.’’. air carrier operating under an exemption carriers to operate limited frequencies and (c) WAIVER OF LOCAL CONTRIBUTION.—Sec- granted under subsection (a)— aircraft on select routes between Ronald tion 41736(b) is amended by inserting after ‘‘(1) authorize the air carrier or an affili- Reagan Washington National Airport and do- paragraph (4) the following: ated air carrier to upgrade service under the mestic hub airports of such carriers and ex- exemption to a larger jet aircraft; or emptions from the requirements of subparts ‘‘Paragraph (4) does not apply to any com- ‘‘(2) authorize an air carrier operating K and S of part 93, Code of Federal Regula- munity approved for service under this sec- under such an exemption to change the tions, if the Secretary finds that the exemp- tion during the period beginning October 1, nonhub airport or small hub airport for tions will— 1991, and ending December 31, 1997.’’. which the exemption was granted to provide ‘‘(1) provide air transportation service with SEC. 504. AUTHORIZATION OF APPROPRIATIONS. the same service to a different airport that is domestic network benefits in areas beyond There are authorized to be appropriated to smaller than a large hub airport (as defined the perimeter described in that section; the Secretary of Transportation $80,000,000 to in section 47134(d)(2)) if— ‘‘(2) increase competition by new entrant carry out sections 41743 through 41746 of title ‘‘(A) the air carrier has been operating air carriers or in multiple markets; 49, United States Code, for the 4 fiscal-year under the exemption for a period of not less ‘‘(3) not reduce travel options for commu- period beginning with fiscal year 2000. than 12 months; and nities served by small hub airports and me- SEC. 505. MARKETING PRACTICES. ‘‘(B) the air carrier can demonstrate dium hub airports within the perimeter de- Section 41712 is amended— unmitigatable losses. scribed in section 49109 of title 49, United (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(e) FOREFEITURE FOR MISUSE.—Any ex- States Code; and ‘‘On’’; and emption granted under subsection (a) shall ‘‘(4) not result in meaningfully increased (2) by adding at the end thereof the fol- be terminated immediately by the Secretary travel delays. lowing: if the air carrier to which it was granted ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The ‘‘(b) MARKETING PRACTICES THAT AD- uses the slot for any purpose other than the Secretary shall by order grant exemptions VERSELY AFFECT SERVICE TO SMALL OR ME- purpose for which it was granted or in viola- from the requirements of sections 49104(a)(5), DIUM COMMUNITIES.—Within 180 days after tion of the conditions under which it was 49111(e), and 41714 of this title and subparts K the date of enactment of the Air Transpor- granted. and S of part 93 of title 14, Code of Federal tation Improvement Act, the Secretary shall ‘‘(f) PRIORITY TO NEW ENTRANTS AND LIM- Regulations, to commuter air carriers for review the marketing practices of air car- ITED INCUMBENT CARRIERS.— service to airports with fewer than 2,000,000 S11976 CONGRESSIONAL RECORD — SENATE October 5, 1999 annual enplanements within the perimeter (A) the Authority will make available for tion with respect to any aircraft that is not established for civil aircraft operations at that fiscal year funds for noise compatibility a Stage 3 aircraft (as defined by the Sec- Ronald Reagan Washington National Airport planning and programs that are eligible to retary). under section 49109. The Secretary shall de- receive funding under chapter 471 of title 49, ‘‘(2) SERVICE PROVIDED.—Of the exemptions velop criteria for distributing slot exemp- United States Code, in an amount not less granted under subsection (a)— tions for flights within the perimeter to such than 10 percent of the aggregate annual ‘‘(A) 18 shall be used only for service to un- airports under this paragraph in a manner amount of financial assistance provided to derserved markets, of which no fewer than 6 consistent with the promotion of air trans- the Authority by the Secretary as grants shall be designated as commuter slot exemp- portation. under chapter 471 of title 49, United States tions; and ‘‘(c) LIMITATIONS.— Code; and ‘‘(B) 12 shall be air carrier slot exemptions. ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- (B) the Authority will not divert funds ‘‘(c) PROCEDURAL REQUIREMENTS.—Before emption may not be granted under this sec- from a high priority safety project in order granting exemptions under subsection (a), tion with respect to any aircraft that is not to make funds available for noise compat- the Secretary shall— a Stage 3 aircraft (as defined by the Sec- ibility planning and programs. ‘‘(1) conduct an environmental review, tak- retary). (2) WAIVER.—The Secretary of Transpor- ing noise into account, and determine that ‘‘(2) GENERAL EXEMPTIONS.—The exemp- tation may waive the requirements of para- the granting of the exemptions will not tions granted under subsections (a) and (b) graph (1) for any fiscal year for which the cause a significant increase in noise; may not increase the number of operations Secretary determines that the Metropolitan ‘‘(2) determine whether capacity is avail- at Ronald Reagan Washington National Air- Washington Airports Authority is in full able and can be used safely and, if the Sec- port in any 1-hour period during the hours compliance with applicable airport noise retary so determines then so certify; between 7:00 a.m. and 9:59 p.m. by more than compatibility planning and program require- ‘‘(3) give 30 days notice to the public 3 operations.’’. ments under part 150 of title 14, Code of Fed- through publication in the Federal Register ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec- eral Regulations. of the Secretary’s intent to grant the exemp- retary shall grant exemptions under sub- (3) SUNSET.—This subsection shall cease to tions; and sections (a) and (b) that— be in effect 5 years after the date of enact- ‘‘(4) consult with appropriate officers of ‘‘(A) will result in 24 additional daily air ment of this Act, if on that date the Sec- the State and local government on any re- carrier slot exemptions at such airport for retary of Transportation certifies that the lated noise and environmental issues. long-haul service beyond the perimeter; Metropolitan Washington Airports Author- ‘‘(d) UNDERSERVED MARKET DEFINED.—In ‘‘(B) will result in 12 additional daily com- ity has achieved full compliance with appli- this section, the term ‘service to underserved muter slot exemptions at such airport; and cable noise compatibility planning and pro- markets’ means passenger air transportation ‘‘(C) will not result in additional daily gram requirements under part 150 of title 14, service to an airport that is a nonhub airport commuter slot exemptions for service to any Code of Federal Regulations. or a small hub airport (as defined in para- within-the-perimeter airport that has (d) NOISE COMPATIBILITY PLANNING AND graphs (4) and (5), respectively, of section 2,000,000 or fewer annual enplanements. PROGRAMS.—Section 47117(e) is amended by 41731(a)).’’. ‘‘(4) ASSESSMENT OF SAFETY, NOISE AND EN- adding at the end the following: (b) STUDIES.— VIRONMENTAL IMPACTS.—The Secretary shall ‘‘(3) The Secretary shall give priority in (1) 3-YEAR REPORT.—The Secretary shall assess the impact of granting exemptions, in- making grants under paragraph (1)(A) to ap- study and submit a report 3 years after the cluding the impacts of the additional slots plications for airport noise compatibility first exemption granted under section and flights at Ronald Reagan Washington planning and programs at and around air- 41720(a) of title 49, United States Code, is National Airport provided under subsections ports where operations increase under title V first used on the impact of the additional (a) and (b) on safety, noise levels and the en- of the Air Transportation Improvement Act slots on the safety, environment, noise, ac- vironment within 90 days of the date of the and the amendments made by that title.’’. cess to underserved markets, and competi- enactment of this Act. The environmental (e) CONFORMING AMENDMENTS.— tion at Chicago O’Hare International Air- assessment shall be carried out in accord- (1) Section 49111 is amended by striking port. ance with parts 1500–1508 of title 40, Code of subsection (e). (2) DOT STUDY IN 2000.—The Secretary of Federal Regulations. Such environmental as- (2) The chapter analysis for subchapter I of Transportation shall study community noise sessment shall include a public meeting. chapter 417, as amended by section 506(b) of levels in the areas surrounding the 4 high- ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.— this Act, is amended by adding at the end density airports after the 100 percent Stage 3 Nothing in this section affects Exemption thereof the following: fleet requirements are in place, and compare No. 5133, as from time-to-time amended and ‘‘41719. Special Rules for Ronald Reagan those levels with the levels in such areas be- extended. Washington National Airport.’’. fore 1991. ‘‘(d) ADDITIONAL WITHIN-PERIMETER SLOT (f) REPORT.—Within 1 year after the date of (c) CONFORMING AMENDMENT.—The chapter EXEMPTIONS AT RONALD REAGAN WASHINGTON enactment of this Act, and biannually there- analysis for subchapter I of chapter 417, as NATIONAL AIRPORT.—The Secretary shall by after, the Secretary shall certify to the amended by section 507(b) of this Act, is order grant 12 slot exemptions from the re- United States Senate Committee on Com- amended by adding at the end thereof the quirements of sections 49104(a)(5), 49111(e), merce, Science, and Transportation, the following: and 41714 of this title and subparts K and S United States House of Representatives ‘‘41720. Special Rules for Chicago O’Hare of part 93 of title 14, Code of Federal Regula- International Airport.’’. tions, to air carriers for flights to airports Committee on Transportation and Infra- within the perimeter established for civil structure, the Governments of Maryland, SEC. 509. CONSUMER NOTIFICATION OF E-TICKET aircraft operations at Ronald Reagan Wash- Virginia, and West Virginia and the metro- EXPIRATION DATES. ington National Airport under section 49109. politan planning organization for Wash- Section 41712, as amended by section 505 of The Secretary shall develop criteria for dis- ington, D.C., that noise standards, air traffic this Act, is amended by adding at the end tributing slot exemptions for flights within congestion, airport-related vehicular conges- thereof the following: the perimeter to such airports under this tion, safety standards, and adequate air serv- ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall subsection in a manner consistent with the ice to communities served by small hub air- be an unfair or deceptive practice under sub- promotion of air transportation.’’. ports and medium hub airports within the section (a) for any air carrier utilizing elec- (b) OVERRIDE OF MWAA RESTRICTION.—Sec- perimeter described in section 49109 of title tronically transmitted tickets to fail to no- tion 49104(a)(5) is amended by adding at the 49, United States Code, have been main- tify the purchaser of such a ticket of its ex- end thereof the following: tained at appropriate levels. piration date, if any.’’. ‘‘(D) Subparagraph (C) does not apply to SEC. 508. ADDITIONAL SLOT EXEMPTIONS AT CHI- SEC. 510. REGIONAL AIR SERVICE INCENTIVE OP- any increase in the number of instrument CAGO O’HARE INTERNATIONAL AIR- TIONS. flight rule takeoffs and landings necessary to PORT. (a) PURPOSE.—The purpose of this section implement exemptions granted by the Sec- (a) IN GENERAL.—Subchapter I of chapter is to provide the Congress with an analysis retary under section 41719.’’. 417, as amended by section 507, is amended by of means to improve service by jet aircraft (c) MWAA NOISE-RELATED GRANT ASSUR- adding at the end thereof the following: to underserved markets by authorizing a re- ANCES.— ‘‘§ 41720. Special Rules for Chicago O’Hare view of different programs of Federal finan- (1) IN GENERAL.—In addition to any condi- International Airport cial assistance, including loan guarantees tion for approval of an airport development ‘‘(a) IN GENERAL.—The Secretary of Trans- like those that would have been provided for project that is the subject of a grant applica- portation shall grant 30 slot exemptions over by section 2 of S. 1353, 105th Congress, as in- tion submitted to the Secretary of Transpor- a 3-year period beginning on the date of en- troduced, to commuter air carriers that tation under chapter 471 of title 49, United actment of the Air Transportation Improve- would purchase regional jet aircraft for use States Code, by the Metropolitan Wash- ment Act at Chicago O’Hare International in serving those markets. ington Airports Authority, the Authority Airport. (b) STUDY.—The Secretary of Transpor- shall be required to submit a written assur- ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- tation shall study the efficacy of a program ance that, for each such grant made to the MENTS.— of Federal loan guarantees for the purchase Authority for fiscal year 2000 or any subse- ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- of regional jets by commuter air carriers. quent fiscal year— emption may not be granted under this sec- The Secretary shall include in the study a October 5, 1999 CONGRESSIONAL RECORD — SENATE S11977 review of options for funding, including al- park area during a specified time frame, the plan is not already in effect whenever a per- ternatives to Federal funding. In the study, Administrator, in cooperation with the Di- son applies for authority to operate a com- the Secretary shall analyze— rector, shall authorize commercial air tour mercial air tour over the park. The develop- (1) the need for such a program; operators to provide such service. The au- ment of the air tour management plan is to (2) its potential benefit to small commu- thorization shall specify such terms and con- be a cooperative undertaking between the nities; ditions as the Administrator and the Direc- Federal Aviation Administration and the Na- (3) the trade implications of such a pro- tor find necessary for management of com- tional Park Service. The air tour manage- gram; mercial air tour operations over the national ment plan shall be developed by means of a (4) market implications of such a program park. The Administrator, in cooperation public process, and the agencies shall de- for the sale of regional jets; with the Director, shall develop an open velop information and analysis that explains (5) the types of markets that would benefit competitive process for evaluating proposals the conclusions that the agencies make in the most from such a program; from persons interested in providing com- the application of the respective criteria. (6) the competitive implications of such a mercial air tour services over the national Such explanations shall be included in the program; and park. In making a selection from among var- Record of Decision and may be subject to ju- (7) the cost of such a program. ious proposals submitted, the Administrator, dicial review. in cooperation with the Director, shall con- (c) REPORT.—The Secretary shall submit a ‘‘(B) OBJECTIVE.—The objective of any air report of the results of the study to the Sen- sider relevant factors, including— tour management plan shall be to develop ate Committee on Commerce, Science, and ‘‘(i) the safety record of the company or pi- acceptable and effective measures to miti- lots; Transportation and the House of Representa- gate or prevent the significant adverse im- ‘‘(ii) any quiet aircraft technology pro- tives Committee on Transportation and In- pacts, if any, of commercial air tours upon posed for use; frastructure not later than 24 months after the natural and cultural resources and vis- ‘‘(iii) the experience in commercial air the date of enactment of this Act. itor experiences and tribal lands. tour operations over other national parks or ‘‘(2) ENVIRONMENTAL DETERMINATION.—In TITLE VI—NATIONAL PARKS scenic areas; establishing an air tour management plan OVERFLIGHTS ‘‘(iv) the financial capability of the com- under this subsection, the Administrator and SEC. 601. FINDINGS. pany; The Congress finds that— ‘‘(v) any training programs for pilots; and the Director shall each sign the environ- (1) the Federal Aviation Administration ‘‘(vi) responsiveness to any criteria devel- mental decision document required by sec- has sole authority to control airspace over oped by the National Park Service or the af- tion 102 of the National Environmental Pol- the United States; fected national park. icy Act of 1969 (42 U.S.C. 4332) which may in- clude a finding of no significant impact, an (2) the Federal Aviation Administration ‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.— has the authority to preserve, protect, and In determining the number of authorizations environmental assessment, or an environ- enhance the environment by minimizing, to issue to provide commercial air tour serv- mental impact statement, and the Record of mitigating, or preventing the adverse effects ice over a national park, the Administrator, Decision for the air tour management plan. of aircraft overflights on the public and trib- in cooperation with the Director, shall take ‘‘(3) CONTENTS.—An air tour management al lands; into consideration the provisions of the air plan for a national park— (3) the National Park Service has the re- tour management plan, the number of exist- ‘‘(A) may prohibit commercial air tour op- sponsibility of conserving the scenery and ing commercial air tour operators and cur- erations in whole or in part; natural and historic objects and wildlife in rent level of service and equipment provided ‘‘(B) may establish conditions for the con- national parks and of providing for the en- by any such companies, and the financial vi- duct of commercial air tour operations, in- joyment of the national parks in ways that ability of each commercial air tour oper- cluding commercial air tour routes, max- leave the national parks unimpaired for fu- ation. imum or minimum altitudes, time-of-day re- ture generations; ‘‘(D) COOPERATION WITH NPS.—Before grant- strictions, restrictions for particular events, (4) the protection of tribal lands from air- ing an application under this paragraph, the maximum number of flights per unit of time, craft overflights is consistent with pro- Administrator shall, in cooperation with the intrusions on privacy on tribal lands, and tecting the public health and welfare and is Director, develop an air tour management mitigation of noise, visual, or other impacts; essential to the maintenance of the natural plan in accordance with subsection (b) and ‘‘(C) shall apply to all commercial air tours 1 and cultural resources of Indian tribes; implement such plan. within ⁄2 mile outside the boundary of a na- (5) the National Parks Overflights Working ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP AP- tional park; Group, composed of general aviation, air PLICATIONS.—The Administrator shall act on ‘‘(D) shall include incentives (such as pre- tour, environmental, and Native American any such application and issue a decision on ferred commercial air tour routes and alti- representatives, recommended that the Con- the application not later than 24 months tudes, relief from caps and curfews) for the gress enact legislation based on its con- after it is received or amended. adoption of quiet aircraft technology by sensus work product; and ‘‘(3) EXCEPTION.—Notwithstanding para- commercial air tour operators conducting (6) this title reflects the recommendations graph (1), commercial air tour operators may commercial air tour operations at the park; made by that Group. conduct commercial air tour operations over ‘‘(E) shall provide for the initial allocation a national park under part 91 of the Federal of opportunities to conduct commercial air SEC. 602. AIR TOUR MANAGEMENT PLANS FOR tours if the plan includes a limitation on the NATIONAL PARKS. Aviation Regulations (14 CFR 91.1 et seq.) if— number of commercial air tour flights for (a) IN GENERAL.—Chapter 401, as amended any time period; and by section 301 of this Act, is amended by add- ‘‘(A) such activity is permitted under part ‘‘(F) shall justify and document the need ing at the end the following: 119 (14 CFR 119.1(e)(2)); ‘‘(B) the operator secures a letter of agree- for measures taken pursuant to subpara- ‘‘§ 40126. Overflights of national parks ment from the Administrator and the na- graphs (A) through (E). ‘‘(a) IN GENERAL.— tional park superintendent for that national ‘‘(4) PROCEDURE.—In establishing a com- ‘‘(1) GENERAL REQUIREMENTS.—A commer- park describing the conditions under which mercial air tour management plan for a na- cial air tour operator may not conduct com- the flight operations will be conducted; and tional park, the Administrator and the Di- mercial air tour operations over a national ‘‘(C) the total number of operations under rector shall— park or tribal lands except— this exception is limited to not more than 5 ‘‘(A) initiate at least one public meeting ‘‘(A) in accordance with this section; flights in any 30-day period over a particular with interested parties to develop a commer- ‘‘(B) in accordance with conditions and park. cial air tour management plan for the park; limitations prescribed for that operator by ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE- ‘‘(B) publish the proposed plan in the Fed- the Administrator; and MENTS.—Notwithstanding subsection (c), an eral Register for notice and comment and ‘‘(C) in accordance with any effective air existing commercial air tour operator shall, make copies of the proposed plan available tour management plan for that park or those not later than 90 days after the date of en- to the public; tribal lands. actment of the Air Transportation Improve- ‘‘(C) comply with the regulations set forth ‘‘(2) APPLICATION FOR OPERATING AUTHOR- ment Act, apply for operating authority in sections 1501.3 and 1501.5 through 1501.8 of ITY.— under part 119, 121, or 135 of the Federal title 40, Code of Federal Regulations (for pur- ‘‘(A) APPLICATION REQUIRED.—Before com- Aviation Regulations (14 CFR Pt. 119, 121, or poses of complying with those regulations, mencing commercial air tour operations 135). A new entrant commercial air tour op- the Federal Aviation Administration is the over a national park or tribal lands, a com- erator shall apply for such authority before lead agency and the National Park Service is mercial air tour operator shall apply to the conducting commercial air tour operations a cooperating agency); and Administrator for authority to conduct the over a national park or tribal lands. ‘‘(D) solicit the participation of any Indian operations over that park or those tribal ‘‘(b) AIR TOUR MANAGEMENT PLANS.— tribe whose tribal lands are, or may be, lands. ‘‘(1) ESTABLISHMENT OF ATMPS.— overflown by aircraft involved in commercial ‘‘(B) COMPETITIVE BIDDING FOR LIMITED CA- ‘‘(A) IN GENERAL.—The Administrator air tour operations over a national park or PACITY PARKS.—Whenever a commercial air shall, in cooperation with the Director, es- tribal lands, as a cooperating agency under tour management plan limits the number of tablish an air tour management plan for any the regulations referred to in paragraph commercial air tour flights over a national national park or tribal land for which such a (4)(C). S11978 CONGRESSIONAL RECORD — SENATE October 5, 1999

‘‘(5) AMENDMENTS.—Any amendment of an ‘‘(1) COMMERCIAL AIR TOUR.—The term the Lake Mead National Recreation Area en air tour management plan shall be published ‘commercial air tour’ means any flight con- route to, or returning from, the Grand Can- in the Federal Register for notice and com- ducted for compensation or hire in a powered yon, without offering a deviation in flight ment. A request for amendment of an air aircraft where a purpose of the flight is path between its point of origin and the tour management plan shall be made in such sightseeing. If the operator of a flight asserts Grand Canyon, shall be considered, for pur- form and manner as the Administrator may that the flight is not a commercial air tour, poses of paragraph (1), to be exclusively a prescribe. factors that can be considered by the Admin- commercial air tour of the Grand Canyon. ‘‘(c) INTERIM OPERATING AUTHORITY.— istrator in making a determination of (3) ALASKA.—The provisions of this title ‘‘(1) IN GENERAL.—Upon application for op- whether the flight is a commercial air tour, and section 40126 of title 49, United States erating authority, the Administrator shall include, but are not limited to— Code, as added by subsection (a), do not grant interim operating authority under this ‘‘(A) whether there was a holding out to apply to any land or waters located in Alas- paragraph to a commercial air tour operator the public of willingness to conduct a sight- ka. for a national park or tribal lands for which seeing flight for compensation or hire; (4) COMPLIANCE WITH OTHER REGULATIONS.— the operator is an existing commercial air ‘‘(B) whether a narrative was provided that For purposes of section 40126 of title 49, tour operator. referred to areas or points of interest on the United States Code— ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In- surface; (A) regulations issued by the Secretary of terim operating authority granted under this ‘‘(C) the area of operation; Transportation and the Administrator of the subsection— ‘‘(D) the frequency of flights; Federal Aviation Administration under sec- ‘‘(A) shall provide annual authorization ‘‘(E) the route of flight; tion 3 of Public Law 100–91 (16 U.S.C. 1a–1, only for the greater of— ‘‘(F) the inclusion of sightseeing flights as note); and ‘‘(i) the number of flights used by the oper- part of any travel arrangement package; or (B) commercial air tour operations carried ator to provide such tours within the 12- ‘‘(G) whether the flight or flights in ques- out in compliance with the requirements of month period prior to the date of enactment tion would or would not have been canceled those regulations, of the Air Transportation Improvement Act; based on poor visibility of the surface. shall be deemed to meet the requirements of or ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The such section 40126. ‘‘(ii) the average number of flights per 12- term ‘commercial air tour operator’ means (c) CLERICAL AMENDMENT.—The table of month period used by the operator to provide any person who conducts a commercial air sections for chapter 401 is amended by adding such tours within the 36-month period prior tour. at the end thereof the following: to such date of enactment, and, for seasonal ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPER- ‘‘40126. Overflights of national parks.’’. operations, the number of flights so used ATOR.—The term ‘existing commercial air SEC. 603. ADVISORY GROUP. during the season or seasons covered by that tour operator’ means a commercial air tour (a) ESTABLISHMENT.—Not later than 1 year 12-month period; operator that was actively engaged in the after the date of enactment of this Act, the ‘‘(B) may not provide for an increase in the business of providing commercial air tours Administrator of the Federal Aviation Ad- number of operations conducted during any over a national park at any time during the ministration and the Director of the Na- time period by the commercial air tour oper- 12-month period ending on the date of enact- tional Park Service shall jointly establish an ator to which it is granted unless the in- ment of the Air Transportation Improve- advisory group to provide continuing advice crease is agreed to by the Administrator and ment Act. and counsel with respect to the operation of the Director; ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP- commercial air tours over and near national ‘‘(C) shall be published in the Federal Reg- ERATOR.—The term ‘new entrant commercial parks. ister to provide notice and opportunity for air tour operator’ means a commercial air (b) MEMBERSHIP.— comment; tour operator that— (1) IN GENERAL.—The advisory group shall ‘‘(D) may be revoked by the Administrator ‘‘(A) applies for operating authority as a be composed of— for cause; commercial air tour operator for a national (A) a balanced group of — ‘‘(E) shall terminate 180 days after the date park; and (i) representatives of general aviation; on which an air tour management plan is es- ‘‘(B) has not engaged in the business of (ii) representatives of commercial air tour tablished for that park or those tribal lands; providing commercial air tours over that na- operators; and tional park or those tribal lands in the 12- (iii) representatives of environmental con- ‘‘(F) shall— month period preceding the application. cerns; and ‘‘(i) promote protection of national park ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.— (iv) representatives of Indian tribes; resources, visitor experiences, and tribal The term ‘commercial air tour operations’ (B) a representative of the Federal Avia- lands; means commercial air tour flight operations tion Administration; and ‘‘(ii) promote safe operations of the com- conducted— (C) a representative of the National Park mercial air tour; ‘‘(A) over a national park or within 1⁄2 mile Service. ‘‘(iii) promote the adoption of quiet tech- outside the boundary of any national park; (2) EX-OFFICIO MEMBERS.—The Adminis- nology, as appropriate; and ‘‘(B) below a minimum altitude, deter- trator and the Director shall serve as ex-offi- ‘‘(iv) allow for modifications of the oper- mined by the Administrator in cooperation cio members. ation based on experience if the modification with the Director, above ground level (except (3) CHAIRPERSON.—The representative of improves protection of national park re- solely for purposes of takeoff or landing, or the Federal Aviation Administration and the sources and values and of tribal lands. necessary for safe operation of an aircraft as representative of the National Park Service ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.— determined under the rules and regulations shall serve alternating 1-year terms as chair- ‘‘(A) IN GENERAL.—The Administrator, in of the Federal Aviation Administration re- man of the advisory group, with the rep- cooperation with the Director, may grant in- quiring the pilot-in-command to take action resentative of the Federal Aviation Adminis- terim operating authority under this para- to ensure the safe operation of the aircraft); tration serving initially until the end of the graph to an air tour operator for a national and calendar year following the year in which park for which that operator is a new en- ‘‘(C) less than 1 mile laterally from any ge- the advisory group is first appointed. trant air tour operator if the Administrator ographic feature within the park (unless (c) DUTIES.—The advisory group shall pro- determines the authority is necessary to en- more than 1⁄2 mile outside the boundary). vide advice, information, and recommenda- sure competition in the provision of com- ‘‘(6) NATIONAL PARK.—The term ‘national tions to the Administrator and the mercial air tours over that national park or park’ means any unit of the National Park Director— those tribal lands. System. (1) on the implementation of this title; ‘‘(B) SAFETY LIMITATION.—The Adminis- ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’ (2) on the designation of appropriate and trator may not grant interim operating au- means ‘Indian country’, as defined by section feasible quiet aircraft technology standards thority under subparagraph (A) if the Ad- 1151 of title 18, United States Code, that is for quiet aircraft technologies under devel- ministrator determines that it would create within or abutting a national park. opment for commercial purposes, which will a safety problem at that park or on tribal ‘‘(8) ADMINISTRATOR.—The term ‘Adminis- receive preferential treatment in a given air lands, or the Director determines that it trator’ means the Administrator of the Fed- tour management plan; would create a noise problem at that park or eral Aviation Administration. (3) on other measures that might be taken on tribal lands. ‘‘(9) DIRECTOR.—The term ‘Director’ means to accommodate the interests of visitors to ‘‘(C) ATMP LIMITATION.—The Adminis- the Director of the National Park Service.’’. national parks; and trator may grant interim operating author- (b) EXEMPTIONS AND SPECIAL RULES.— (4) on such other national park or tribal ity under subparagraph (A) of this paragraph (1) GRAND CANYON.—Section 40126 of title lands-related safety, environmental, and air only if the air tour management plan for the 49, United States Code, as added by sub- touring issues as the Administrator and the park or tribal lands to which the application section (a), does not apply to— Director may request. relates has not been developed within 24 (A) the Grand Canyon National Park; or (d) COMPENSATION; SUPPORT; FACA.— months after the date of enactment of the (B) Indian country within or abutting the (1) COMPENSATION AND TRAVEL.—Members Air Transportation Improvement Act. Grand Canyon National Park. of the advisory group who are not officers or ‘‘(d) DEFINITIONS.—In this section, the fol- (2) LAKE MEAD.—A commercial air tour of employees of the United States, while at- lowing definitions apply: the Grand Canyon that transits over or near tending conferences or meetings of the group October 5, 1999 CONGRESSIONAL RECORD — SENATE S11979 or otherwise engaged in its business, or while SEC. 802. TRANSFER OF OFFICE, PERSONNEL ‘‘(1) Developing, processing, disseminating serving away from their homes or regular AND FUNDS. and publishing of digital and analog data, in- places of business, each member may be al- (a) Effective October 1, 2000 the Office of formation, compilations, and reports. lowed travel expenses, including per diem in Aeronautical Charting and Cartography of ‘‘(2) Compiling, printing, and dissemi- lieu of subsistence, as authorized by section the National Oceanic and Atmospheric Ad- nating aeronautical charts and related prod- 5703 of title 5, United States Code, for per- ministration, Department of Commerce, is ucts and services of the United States, its sons in the Government service employed transferred to the Federal Aviation Adminis- Territories, and possessions. intermittently. tration. ‘‘(3) Compiling, printing and disseminating (2) ADMINISTRATIVE SUPPORT.—The Federal (b) Effective October 1, 2000 the personnel aeronautical charts and related products and Aviation Administration and the National employed in connection with, and the assets, services covering international airspace as Park Service shall jointly furnish to the ad- liabilities, contracts, property, equipment, are required primarily by United States civil visory group clerical and other assistance. facilities, records, and unexpended balance of aviation. (3) NONAPPLICATION OF FACA.—Section 14 of appropriations, and other funds employed, ‘‘(4) Compiling, printing and disseminating the Federal Advisory Committee Act (5 held, used, arising from, available to, or to non-aeronautical navigational, transpor- U.S.C. App.) does not apply to the advisory be made available in connection with the tation or public-safety-related products and group. function and offices, or portions of offices, services when in the best interests of the (e) REPORT.—The Administrator and the transferred by this Act, including all Senior United States Government. Director shall jointly report to the Congress Executive Service positions, subject to sec- ‘‘(d) CONTRACT, COOPERATIVE AGREEMENTS, within 24 months after the date of enactment tion 1531 of title 31, United States Code, are GRANTS, AND OTHER AGREEMENTS.— of this Act on the success of this title in pro- transferred to the Administrator of the Fed- ‘‘(1) The Administrator is authorized to viding incentives for quiet aircraft tech- eral Aviation Administration for appropriate contract with qualified organizations for the nology. allocation. Personnel employed in connec- performance of any part of the authorized SEC. 604. OVERFLIGHT FEE REPORT. tion with functions transferred by this Act functions of the Office of Aeronautical Not later than 180 days after the date of transfer under any applicable law and regu- Charting and Cartography when the Admin- enactment of this Act, the Administrator of lation relating to transfer of functions. Un- istrator deems such procedure to be in the the Federal Aviation Administration shall expended funds transferred under this sec- public interest and will not compromise pub- transmit to Congress a report on the effects tion shall be used only for the purposes for lic safety. proposed overflight fees are likely to have on which the funds were originally authorized ‘‘(2) The Administrator is authorized to the commercial air tour industry. The report and appropriated, except that funds may be enter into cooperative agreements, grants, shall include, but shall not be limited to— used for expenses associated with the trans- reimbursable agreements, memoranda of un- (1) the viability of a tax credit for the com- fer authorized by this Act. derstanding and other agreements, with a mercial air tour operators equal to the SEC. 803. AMENDMENT OF TITLE 49, UNITED State, subdivision of a State, Federal agen- amount of the proposed fee charged by the STATES CODE. cy, public or private organization, or indi- National Park Service; and (a) IN GENERAL.—Section 44721 is amended vidual, to carry out the purposes of this sec- (2) the financial effects proposed offsets are to read as follows: tion. likely to have on Federal Aviation Adminis- ‘‘§ 44721. Aeronautical charts and related ‘‘(e) SPECIAL SERVICES AND PRODUCTS.— tration budgets and appropriations. products and services ‘‘(1) The Administrator is authorized, at SEC. 605. PROHIBITION OF COMMERCIAL AIR ‘‘(a) IN GENERAL.—The Administrator of the request of a State, subdivision of a State, TOURS OVER THE ROCKY MOUNTAIN the Federal Aviation Administration is in- Federal agency, public or private organiza- NATIONAL PARK. vested with and shall exercise, effective Oc- tion, or individual, to conduct special serv- Effective beginning on the date of enact- tober 1, 2000 the functions, powers, and du- ices, including making special studies, or de- ment of this Act, no commercial air tour ties of the Secretary of Commerce and other veloping special publications or products on may be operated in the airspace over the officers of the Department of Commerce that matters relating to navigation, transpor- Rocky Mountain National Park notwith- relate to the Office of Aeronautical Charting tation, or public safety. standing any other provision of this Act or and Cartography to provide aeronautical ‘‘(2) The Administrator shall assess a fee section 40126 of title 49, United States Code, charts and related products and services for for any special service provided under para- as added by this Act. the safe and efficient navigation of air com- graph (1). A fee shall be not more than the TITLE VII—TITLE 49 TECHNICAL merce, under the following authorities: actual or estimated full cost of the service. A CORRECTIONS ‘‘(1) Sections 1 through 9 of the Act enti- fee may be reduced or waived for research or- SEC. 701. RESTATEMENT OF 49 U.S.C. 106(g). tled ‘‘An Act to define the functions and du- ganizations, educational organizations, or (a) IN GENERAL.—Section 106(g) is amended ties of the Coast and Geodetic Survey, and non-profit organizations, when the Adminis- by striking ‘‘40113(a), (c), and (d), 40114(a), for other purposes’’, approved August 6, 1947, trator determines that reduction or waiver 40119, 44501(a) and (c), 44502(a)(1), (b) and (c), (33 U.S.C. 883a-883h). of the fee is in the best interest of the United 44504, 44505, 44507, 44508, 44511–44513, 44701– ‘‘(2) Section 6082 of the Consolidated Omni- States Government by furthering public 44716, 44718(c), 44721(a), 44901, 44902, 44903(a)– bus Budget Reconciliation Act of 1985 (33 safety. (c) and (e), 44906, 44912, 44935–44937, and U.S.C. 883j). ‘‘(f) SALE AND DISSEMINATION OF AERO- 44938(a) and (b), chapter 451, sections 45302– ‘‘(3) Section 1307 of title 44, United States NAUTICAL PRODUCTS.— 45304,’’ and inserting ‘‘40113(a), (c)–(e), Code. ‘‘(1) Aeronautical products created or 40114(a), and 40119, and chapter 445 (except ‘‘(4) The provision of title II of the Depart- maintained under the authority of this sec- sections 44501(b), 44502(a)(2)–(4), 44503, 44506, ments of Commerce, Justice, and State, the tion shall be sold at prices established annu- 44509, 44510, 44514, and 44515), chapter 447 (ex- Judiciary, and Related Agencies Appropria- ally by the Administrator consistent with cept sections 44717, 44718(a) and (b), 44719, tions Act, 1995 under the heading ‘National the following: 44720, 44721(b), 44722, and 44723), chapter 449 Oceanic and Atmospheric Administration’ ‘‘(A) Subject to subparagraph (B), the price (except sections 44903(d), 44904, 44905, 44907– relating to aeronautical charts (44 U.S.C. of an aeronautical product sold to the public 44911, 44913, 44915, and 44931–44934), chapter 1307 nt). shall be not more than necessary to recover 451, chapter 453, sections’’. ‘‘(b) AUTHORITY TO CONDUCT SURVEYS.—To all costs attributable to (i) data base man- (b) TECHNICAL CORRECTION.—The amend- provide aeronautical charts and related prod- agement and processing; (ii) compilation; ment made by this section may not be con- ucts and services for the safe and efficient (iii) printing or other types of reproduction; strued as making a substantive change in navigation of air commerce, and to provide and (iv) dissemination of the product. the language replaced. basic data for engineering and scientific pur- ‘‘(B) The Administrator shall adjust the SEC. 702. RESTATEMENT OF 49 U.S.C. 44909. poses and for other commercial and indus- price of an aeronautical product and service Section 44909(a)(2) is amended by striking trial needs, the Administrator is authorized sold to the public as necessary to avoid any ‘‘shall’’ and inserting ‘‘should’’. to conduct the following activities: adverse impact on aviation safety attrib- TITLE VIII—TRANSFER OF ‘‘(1) Aerial and field surveys for aero- utable to the price specified under this para- AERONAUTICAL CHARTING ACTIVITY nautical charts. graph. SEC. 801. TRANSFER OF FUNCTIONS, POWERS, ‘‘(2) Other airborne and field surveys when ‘‘(C) A price established under this para- AND DUTIES. in the best interest of the United States Gov- graph may not include costs attributable to Effective October 1, 2000, there are trans- ernment. the acquisition of aeronautical data. ferred to the Federal Aviation Administra- ‘‘(3) Acquiring, owning, operating, main- ‘‘(2) The Administrator shall publish annu- tion and vested in the Administrator of the taining and staffing aircraft in support of ally the prices at which aeronautical prod- Federal Aviation Administration the func- surveys. ucts are sold to the public. tions, powers, and duties of the Secretary of ‘‘(c) ADDITIONAL AUTHORITY.—In order that ‘‘(3) The Administrator may distribute Commerce and other officers of the Depart- full public benefit may be derived from the aeronautical products and provide aero- ment of Commerce that relate to the Office dissemination of data resulting from activi- nautical services— of Aeronautical Charting and Cartography ties under this section and of related data ‘‘(A) without charge to each foreign gov- and are set forth in section 44721 of title 49, from other sources, the Administrator is au- ernment or international organization with United States Code. thorized to conduct the following activities: which the Administrator or a Federal agency S11980 CONGRESSIONAL RECORD — SENATE October 5, 1999 has an agreement for exchange of these prod- the Department of Commerce or the Na- nautical’’ and ‘‘or aeronautical’’ each place ucts or services without cost; tional Oceanic and Atmospheric Administra- they appear. ‘‘(B) at prices the Administrator estab- tion with respect to functions transferred by (b) Section 1307(a)(2)(B) of title 44, United lishes, to the departments and officers of the this Act, or by or against any officer thereof States Code, is amended by striking ‘‘avia- United States requiring them for official use; in the official’s capacity, shall abate by rea- tion and’’. and son of the enactment of this Act. Causes of (c) Section 1307(d) of title 44, United States ‘‘(C) at reduced or no charge where, in the action and actions with respect to a function Code, is amended by striking ‘‘aeronautical judgment of the Administrator, furnishing or office transferred by this Act, or other and’’. the aeronautical product or service to a re- proceedings may be asserted by or against f cipient is a reasonable exchange for vol- the United States or an official of the Fed- untary contribution of information by the eral Aviation Administration, as may be ap- AMENDMENTS SUBMITTED ON recipient to the activities under this section. propriate, and, in an action pending when OCTOBER 5, 1999 ‘‘(4) The fees provided for in this sub- this Act takes effect, the court may at any section are for the purpose of reimbursing time, on its own motion or that of any party, the United States Government for the costs enter an order that will give effect to the AIR TRANSPORTATION of creating, printing and disseminating aero- provisions of this subsection. IMPROVEMENT ACT nautical products and services under this (d) SUBSTITUTION OR ADDITION OF PARTIES section. The collection of fees authorized by TO JUDICIAL ACTIONS.—If, on the date of this section does not alter or expand any transfer, the Department of Commerce or REED AMENDMENT NO. 1905 duty or liability of the Government under the National Oceanic and Atmospheric Ad- (Ordered to lie on the table) existing law for the performance of functions ministration, or any officer thereof in the of- for which fees are collected, nor does the col- ficial’s capacity, is a party to an action, and Mr. REED submitted an amendment lection of fees constitute an express or im- under this Act any function relating to the intended to be proposed by him to the plied undertaking by the Government to per- action of such Department, Administration, bill (S. 82) to authorize appropriations form any activity in a certain manner.’’. or officer is transferred to the Federal Avia- for Federal Aviation Administration, (b) CONFORMING AMENDMENT.—The chapter tion Administration, then such action shall and for other purposes; as follows: analysis of chapter 447 is amended by adding be continued with the Administrator of the at the end thereof the following: At the end of title III of the Manager’s sub- Federal Aviation Administration substituted stitute amendment, add the following: ‘‘44721. Aeronautical charts and related or added as a party. products and services.’’. SEC. 312. PROHIBITION ON OPERATING CERTAIN (e) CONTINUED JURISDICTION OVER ACTIONS AIRCRAFT NOT COMPLYING WITH SEC. 804. SAVINGS PROVISION. TRANSFERRED.—Orders and actions of the Ad- STAGE 4 NOISE LEVELS. (a) CONTINUED EFFECTIVENESS OF DIREC- ministrator of the Federal Aviation Admin- (a) IN GENERAL.—Subchapter II of chapter TIVES.—All orders, determinations, rules, istration in the exercise of functions trans- 475 of title 49, United States Code, is regulations, permits, contracts, certificates, ferred by this Act shall be subject to judicial amended— licenses, privileges, and financial assistance review to the same extent and in the same (1) by redesignating section 47529 as section that— manner as if such orders and actions had 47529A; and (1) have been issued, made, granted, or al- been by the Department of Commerce or the (2) by inserting after section 47528 the fol- lowed to become effective by the President National Oceanic and Atmospheric Adminis- lowing: of the United States, the Secretary of Com- tration, or any office or officer thereof, in ‘‘§ 47529. Limitation on operating certain air- merce, the National Oceanic and Atmos- the exercise of such functions immediately pheric Administration (NOAA) Adminis- craft not complying with stage 4 noise lev- preceding their transfer. els trator, any Federal agency or official there- (f) LIABILITIES AND OBLIGATIONS.—The Ad- ‘‘(a) REGULATIONS.—Not later than Decem- of, or by a court of competent jurisdiction, ministrator shall assume all liabilities and ber 31, 2003, the Secretary of Transportation, in the performance of functions which are obligations (tangible and incorporeal, in consultation with the International Civil transferred by this Act; and present and executory) associated with the Aviation Organization, shall issue regula- (2) are in effect on the date of transfer, functions transferred under this Act on the tions to establish minimum standards for shall continue in effect according to their date of transfer, including leases, permits, li- civil turbojets to comply with stage 4 noise terms until modified, terminated, super- censes, contracts, agreements, claims, tar- levels. seded, set aside, or revoked in accordance iffs, accounts receivable, accounts payable, with law by the President of the United ‘‘(b) GENERAL RULE.—The Secretary shall financial assistance, and litigation relating States, the Administrator, a court of com- issue regulations to ensure that, except as to such obligations, regardless whether judg- petent jurisdiction, or by operation of law. provided in section 47530— ment has been entered, damages awarded, or (b) CONTINUED EFFECTIVENESS OF PENDING ‘‘(1) 50 percent of the civil turbojets with a appeal taken. ACTIONS.— maximum weight of more than 75,000 pounds (1) The provisions of this Act shall not af- SEC. 805. NATIONAL OCEAN SURVEY. operating after December 31, 2008, to or from fect any proceedings, including notices of (a) Section 1 of the Act entitled ‘‘An Act to airports in the United States comply with proposed rulemaking, or any application for define the functions and duties of the Coast the stage 4 noise levels established under any license, permit, certificate, or financial and Geodetic Survey, and for other pur- subsection (a); and assistance pending on the date of transfer be- poses’’, approved August 6, 1947, (33 U.S.C. ‘‘(2) 100 percent of such turbojets operating fore the Department of Commerce or the 883a) is amended— after December 31, 2013, to or from airports NOAA Administrator, or any officer thereof (1) by striking paragraph (1) and inserting in the United States comply with the stage with respect to functions transferred by this the following: 4 noise levels. Act; but such proceedings or applications, to ‘‘(1) Hydrographic, topographic and other ‘‘(c) PRIORITY FOR HIGH DENSITY AIR- the extent that they relate to functions types of field surveys;’’; and PORTS.—The Secretary shall issue regula- transferred, shall be continued in accord (2) by striking paragraph (4) and redesig- tions to ensure that air carriers, in pur- with transition guidelines promulgated by nating paragraph (5) as paragraph (4). chasing and using civil turbojets that com- the Administrator under the authority of (b) Section 2 of that Act (33 U.S.C. 883b) is ply with stage 4 noise levels, give priority to this section. Orders issued in any such pro- amended— using such turbojets to provide air transpor- ceedings shall continue in effect until modi- (1) by striking paragraphs (3) and (5), and tation to or from high density airports (as fied, terminated, superseded, or revoked by redesignating paragraph (4) and (6) as para- such term is defined under section 41714 on the Administrator, by a court of competent graphs (3) and (4), respectively; January 1, 1999). jurisdiction, or by operation of law. Nothing (2) by striking ‘‘charts of the United ‘‘(d) ANNUAL REPORT.—Beginning with cal- in this subsection prohibits the discontinu- States, its Territories, and possessions;’’ in endar year 2004— ance or modification of any such proceeding paragraph (3), as redesignated, and inserting ‘‘(1) each air carrier shall submit to the under the same terms and conditions and to ‘‘charts;’’; and Secretary an annual report on the progress the same extent that such proceeding could (3) by striking ‘‘publications for the United the carrier is making toward complying with have been discontinued or modified if this States, its Territories, and possessions’’ in the requirements of this section and regula- Act had not been enacted. paragraph (4), as redesignated, and inserting tions issued to carry out this section; and (2) The Secretary of Commerce, the NOAA ‘‘publications.’’. ‘‘(2) the Secretary shall submit to Congress Administrator, and the Administrator of the (c) Section 5(1) of that Act (33 U.S.C. an annual report on the progress being made Federal Aviation Administration are author- 883e(1)) is amended by striking ‘‘cooperative toward that compliance. ized to issue transition guidelines providing agreements’’ and inserting ‘‘cooperative ‘‘(e) CIVIL TURBOJET DEFINED.—In the sec- for the orderly transfer of proceedings and agreements, or any other agreements,’’. tion, the term ‘civil turbojet’ means a civil otherwise to accomplish the orderly transfer SEC. 806. SALE AND DISTRIBUTION OF NAUTICAL aircraft that is a turbojet.’’. of functions, personnel and property under AND AERONAUTICAL PRODUCTS BY (b) CHAPTER ANALYSIS AMENDMENT.—The this Act. NOAA. analysis for such chapter is amended by (c) CONTINUED EFFECTIVENESS OF JUDICIAL (a) Section 1307 of title 44, United States striking the item relating to section 47529 ACTIONS.—No cause of action by or against Code, is amended by striking ‘‘and aero- and inserting the following: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11981 ‘‘47529. Limitation on operating certain air- On December 31 of this year, the FAA (ii) 5 shall be appointed by the President craft not complying with stage will require that all civil aircraft com- pro tempore of the Senate, 3 upon the rec- 4 noise levels. ply with Stage 3 noise regulations. ommendation of the Majority Leader, and 2 ‘‘47529A. Nonaddition rule.’’. This requires that jet engines emit less upon the recommendation of the Minority (c) NONADDITION RULE.—Section 47529A of Leader of the Senate; and such title (as redesignated by subsection noise through hushkit adaptations on (iii) 5 shall be appointed by the Speaker of (a)(1)) is amended— older, noisier engines, or that air car- the House of Representatives, 3 upon the (1) in subsection (a)— riers invest in new and quieter Stage 3 Speaker’s own initiative, and 2 upon the rec- (A) by striking ‘‘subsonic’’; compliant engines. While this is a big ommendation of the Minority Leader of the (B) by striking ‘‘November 4, 1990’’ and in- step in the right direction, the deadline House of Representatives. serting ‘‘December 31, 2004’’; for compliance with Stage 3 must not (B) MEMBERS FROM RURAL AREAS.— (C) by striking ‘‘stage 3’’ and inserting end progress toward quieter jet en- (i) REQUIREMENT.—Of the individuals ap- pointed to the Commission under subpara- ‘‘stage 4’’; and gines, but mark the beginning of Stage (D) by striking ‘‘November 5, 1990’’ and in- graph (A)— serting ‘‘January 1, 2005’’; 4 research. (I) one of the individuals appointed under (2) in subsection (b), by striking ‘‘stage 3’’ Currently, the FAA is working in co- clause (i) of that subparagraph shall be an and inserting ‘‘stage 4’’; and operation and consultation with the individual who resides in a rural area; and (3) in subsection (c)(1), by striking ‘‘No- International Civil Aviation Organiza- (II) two of the individuals appointed under vember 5, 1990’’ and inserting ‘‘January 1, tion (ICAO) to define Stage 4 noise lev- each of clauses (ii) and (iii) of that subpara- 2005’’ els and reach an agreement with ICAO graph shall be individuals who reside in a rural area. (d) CONFORMING AMENDMENTS.—Such chap- member states on a plan for implemen- ter is further amended— (ii) GEOGRAPHIC DISTRIBUTION.—The ap- (1) in the chapter analysis by striking ‘‘and tation of Stage 4 regulations. While pointment of individuals under subparagraph 47529’’ in the item relating to section 47530 this research is in its preliminary (A) pursuant to the requirement in clause (i) and inserting ‘‘, 47529, and 47529A’’; stages, our nation’s aviation infra- of this subparagraph shall, to the maximum (2) in section 47530— structure must be ready to adopt Stage extent practicable, be made so as to ensure (A) by striking ‘‘and 47529’’ and inserting ‘‘, 4 rules to ensure quieter communities that a variety of geographic areas of the 47529, and 47529A’’; in which residents can enjoy their open country are represented in the membership of the Commission. (B) by striking ‘‘subsonic’’; and spaces and where learning at schools is (C) DATE.—The appointments of the mem- (C) by striking ‘‘November 4, 1990’’ and in- not interrupted every several minutes serting ‘‘December 31, 2004’’; and bers of the Commission shall be made not (3) in section 47531, by inserting ‘‘47529A,’’ to defer to the roar of passing planes. later than 60 days after the date of the enact- after ‘‘47529,’’. Mr. President, my amendment would ment of this Act. (e) EFFECTIVE DATES.—The amendments direct the Secretary of Transportation (3) PERIOD OF APPOINTMENT; VACANCIES.— made by this section shall take effect on the to report to Congress no later than De- Members shall be appointed for the life of date of the enactment of this Act, except cember 31, 2002 the findings of a study the Commission. Any vacancy in the Com- that the amendments made by subsections on aircraft noise problems in the mission shall not affect its powers, but shall (c), (d)(2)(B), and (d)(2)(C) shall take effect on be filled in the same manner as the original December 31, 2004. United States, the status of negotia- appointment. tions between the FAA and ICAO on Mr. REED. Mr. President, I rise (4) INITIAL MEETING.—Not later than 30 ∑ Stage 4 noise levels, and the feasibility today to propose an amendment to the days after the date on which all members of of proceeding with development and the Commission have been appointed, the Federal Aviation Administration implementation of a timetable for air Commission shall hold its first meeting. (FAA) Reauthorization bill because our (5) MEETINGS.—The Commission shall meet nation has experienced an explosion in carrier compliance with Stage 4 noise requirements. at the call of the Chairperson. air travel this past decade. Air trans- (6) QUORUM.—A majority of the members of portation is now as much a means of This amendment will ensure that the Commission shall constitute a quorum, mass transit as automobiles and trains. both airport authorities and air car- but a lesser number of members may hold Indeed, our economic good fortune and riers are aware of developments regard- hearings. increased competition from air carriers ing Stage 4 activities, and that we (7) CHAIRPERSON.—The Commission shall move in an expeditious and deliberate select a Chairman and Vice Chairperson from has led to a buyer’s market for pas- among its members. sengers looking for affordable fares to manner to maintain the momentum we have gained toward making quieter (b) DUTIES OF THE COMMISSION.— countless destinations. While we are all (1) STUDY.— amazed by the dramatic growth in the both jet engines and the communities (A) DEFINITIONS.—In this subsection, the airline industry, we must also consider over which they fly.∑ terms ‘air carrier’ and ‘air transportation’ the ramifications that increased flights have the meanings given those terms in sec- and aircraft noise have on the commu- VOINOVICH AMENDMENT 1906 tion 40102(a). nities surrounding airport facilities. (B) CONTENTS.—The Commission shall con- Mr. MCCAIN (for Mr. VOINOVICH) pro- duct a thorough study of the impacts of de- In my home state of Rhode Island, posed an amendment to the bill, S. 82, T.F. Green State Airport, our state’s regulation of the airline industry of the supra; as follows: United States on— only major airport, has experienced Strike section 437. (i) the affordability, accessibility, avail- tremendous expansion over the past ability, and quality of air transportation, several years. With more than 4 million COLLINS (AND OTHERS) particularly in small-sized and medium-sized passengers flying into and out of Rhode communities; AMENDMENT NO. 1907 Island each year, representing a 100 (ii) economic development and job cre- percent increase over three years ago, Ms. COLLINS (for herself, Mr. BURNS, ation, particularly in areas that are under- the number of take offs and landings Mr. BAUCUS, Mr. ROBB, Mr. HOLLINGS, served by air carriers; has likewise climbed. This has led to Mr. ROCKEFELLER, Mr. HARKIN, Mr. (iii) the economic viability of small-sized airports; and intolerable noise pollution for the air- ENZI, Mr. GRASSLEY, Mr. JOHNSON, and (iv) the long-term configuration of the port’s neighbors. Of course, this prob- Mr. THOMAS) proposed an amendment United States passenger air transportation lem is not isolated to Rhode Island. In to the bill, S. 82, supra; as follows: system. fact, cities and towns across the coun- At the appropriate place insert the fol- (C) MEASUREMENT FACTORS.—In carrying try are dealing with similar growing lowing new section: out the study under this subsection, the pains. While T.F. Green and numerous SEC. ll01. AIRLINE DEREGULATION STUDY Commission shall develop measurement fac- airport authorities in our nation are COMMISSION. tors to analyze the quality of passenger air taking steps to insulate homes and (a) ESTABLISHMENT OF COMMISSION.— transportation service provided by air car- other structures from the effects of air- (1) ESTABLISHMENT.—There is established a riers by identifying the factors that are gen- craft noise, the problem cannot be commission to be known as the Airline De- erally associated with quality passenger air eliminated entirely. And, we must not regulation Study Commission (in this sec- transportation service. tion referred to as the ‘‘Commission’’). (D) BUSINESS AND LEISURE TRAVEL.—In con- forget that there is only so much we (2) MEMBERSHIP.— ducting measurements for an analysis of the can do on the ground to reduce noise. (A) COMPOSITION.—Subject to subparagraph affordability of air travel, to the extent prac- We must also deal with noise at its (B), the Commission shall be composed of 15 ticable, the Commission shall provide for ap- point of origin by researching and de- members of whom— propriate control groups and comparisons veloping quieter jet engine technology. (i) 5 shall be appointed by the President; with respect to business and leisure travel. S11982 CONGRESSIONAL RECORD — SENATE October 5, 1999

(2) REPORT.—Not later than 1 year after (f) AUTHORIZATION OF APPROPRIATIONS.— onautics and Space Administration and the the date of the enactment of this Act, the (1) IN GENERAL.—There is authorized to be Federal Aviation Administration; and Commission shall submit an interim report appropriated $950,000 for fiscal year 2000 to (3) procedures for increased communica- to the President and Congress, and not later the Commission to carry out this section. tion and coordination between the Federal than 18 months after the date of the enact- (2) AVAILABILITY.—Any sums appropriated Aviation Administration research advisory ment of this Act, the Commission shall sub- pursuant to the authorization of appropria- committee established under section 44508 of mit a report to the President and Congress. tions in paragraph (1) shall remain available title 49, United States Code, and the NASA Each such report shall contain a detailed until expended. Aeronautics and Space Transportation Tech- statement of the findings and conclusions of nology Advisory Committee. the Commission, together with its rec- MCCAIN AMENDMENT NO. 1908 SEC. 03. INTERNET AVAILABILITY OF INFORMA- ommendations for such legislation and ad- TION. ministrative actions as it considers appro- (Ordered to lie on the table.) The Administrator of the Federal Aviation priate. Mr. MCCAIN submitted an amend- Administration shall make available (c) POWERS OF THE COMMISSION.— ment intended to be proposed by him through the Internet home page of the Fed- (1) HEARINGS.—The Commission may hold to amendment No. 1892 proposed by Mr. eral Aviation Administration the abstracts such hearings, sit and act at such times and relating to all research grants and awards GORTON to the bill, S. 82, supra; as fol- places, take such testimony, and receive made with funds authorized by the amend- such evidence as the Commission considers lows: ments made by this Act. Nothing in this sec- advisable to carry out the duties of the Com- On page 4, strike lines 1 through 8, and in- tion shall be construed to require or permit mission under this section. sert the following: the release of any information prohibited by (2) INFORMATION FROM FEDERAL AGENCIES.— ‘‘(k) AFFILIATED CARRIERS.—An air carrier law or regulation from being released to the The Commission shall consult with the that is affiliated with a commuter air car- public. Comptroller General of the United States rier, regardless of the form of the corporate SEC. 04. RESEARCH ON NONSTRUCTURAL AIR- and may secure directly from any Federal relationship between them, shall not be CRAFT SYSTEMS. department or agency such information as treated as a new entrant or a limited incum- Section 44504(b)(1) of title 49, United States the Commission considers necessary to carry bent for purposes of this section, section Code, is amended by inserting ‘‘, including out the duties of the Commission under this 41717, 41718, or 41719.’’. nonstructural aircraft systems,’’ after ‘‘life section. Upon request of the Chairperson of of aircraft’’. the Commission, the head of such depart- MCCAIN AMENDMENT NO. 1909 SEC. 05. POST FREE FLIGHT PHASE I ACTIVI- ment or agency shall furnish such informa- TIES. tion to the Commission. Mr. MCCAIN proposed an amendment No later than May 1, 2000, the Adminis- (3) POSTAL SERVICES.—The Commission to the bill, S. 82, supra; as follows: trator of the Federal Aviation Administra- may use the United States mails in the same At the appropriate place, insert the fol- tion shall tranmsit to Congress a definitive manner and under the same conditions as lowing: plan for the continued implementation of other departments and agencies of the Fed- TITLE —FEDERAL AVIATION RESEARCH, Free Flight Phase I operational capabilities eral Government. ENGINEERING, AND DEVELOPMENT for fiscal years 2003 through 2005. The plan (4) GIFTS.—The Commission may accept, shall include and address the recommenda- use, and dispose of gifts or donations of serv- SEC. 01. AUTHORIZATION OF APPROPRIATIONS. tions concerning operational capabilities for ices or property. Section 48102(a) of title 49, United States fiscal years 2003 through 2005 due to be made (d) COMMISSION PERSONNEL MATTERS.— Code, is amended— by the RTCA Free Flight Steering Com- (1) TRAVEL EXPENSES.—The members of the (1) by striking ‘‘and’’ at the end of para- mittee in December 1999 that was established Commission shall be allowed travel expenses, graph (4)(J); at the direction of the Federal Aviation Ad- including per diem in lieu of subsistence, at (2) by striking the period at the end of ministration. The plan shall also include rates authorized for employees of agencies paragraph (5) and inserting in lieu thereof a budget estimates for the implementation of under subchapter I of chapter 57 of title 5, semicolon; and these operational capabilities. (3) by adding at the end the following: United States Code, while away from their SEC. 06. RESEARCH PROGRAM TO IMPROVE AIR- homes or regular places of business in the ‘‘(6) $240,000,000 for fiscal year 2000; FIELD PAVEMENTS. performance of services for the Commission. ‘‘(7) $250,000,000 for fiscal year 2001; and The Administrator of the Federal Aviation (2) STAFF.— ‘‘(8) $260,000,000 for fiscal year 2002;’’. Administration shall consider awards to non- (A) IN GENERAL.—The Chairperson of the SEC. 02. INTEGRATED NATIONAL AVIATION RE- profit concrete pavement research founda- Commission may, without regard to the civil SEARCH PLAN. tions to improve the design, construction, service laws and regulations, appoint and (a) IN GENERAL.—Section 44501(c) of title rehabilitation, and repair of rigid concrete terminate an executive director and such 49, United States Code, is amended— airfield pavements to aid in the development other additional personnel as may be nec- (1) in paragraph (2)(B)— of safer, more cost-effective, and durable air- essary to enable the Commission to perform (A) by striking ‘‘and’’ at the end of clause field pavements. The Administrator may use its duties. The employment of an executive (iii); a grant or cooperative agreement for this director shall be subject to confirmation by (B) by striking the period at the end of purpose. Nothing in this section shall require the Commission. clause (iv) and inserting in lieu thereof ‘‘; the Administrator to prioritize an airfield (B) COMPENSATION.—The Chairperson of the and’’; and payment research program above safety, se- Commission may fix the compensation of the (C) by adding at the end the following new curity, Flight 21, environment, or energy re- executive director and other personnel with- clause: search programs. ‘‘(v) highlight the research and develop- out regard to the provisions of chapter 51 and SEC. 07. SENSE OF SENATE REGARDING PRO- subchapter III of chapter 53 of title 5, United ment technology transfer activities that pro- TECTING THE FREQUENCY SPEC- States Code, relating to classification of po- mote technology sharing among government, TRUM USED FOR AVIATION COMMU- sitions and General Schedule pay rates, ex- industry, and academia through the Steven- NICATION. cept that the rate of pay for the executive di- son-Wydler Technology Innovation Act of It is the sense of the Senate that with the rector and other personnel may not exceed 1980.’’; and World Radio Communication Conference the rate payable for level V of the Executive (2) in paragraph (3), by inserting ‘‘The re- scheduled to begin in May, 2000, and the need Schedule under section 5316 of such title. port shall be prepared in accordance with re- to ensure that the frequency spectrum avail- (3) DETAIL OF GOVERNMENT EMPLOYEES.— quirements of section 1116 of title 31, United able for aviation communication and naviga- Any Federal Government employee may be States Code.’’ after ‘‘effect for the prior fis- tion is adequate, the Federal Aviation Ad- detailed to the Commission without reim- cal year.’’. ministration should— bursement, and such detail shall be without (b) REQUIREMENT.—Not later than March 1, (1) give high priority to developing a na- interruption or loss of civil service status or 2000, the Administrator of the National Aero- tional policy to protect the frequency spec- privilege. nautics and Space Administration and the trum used for the Global Positioning System (4) PROCUREMENT OF TEMPORARY AND INTER- Administrator of the Federal Aviation Ad- that is critical to aviation communications MITTENT SERVICES.—The Chairperson of the ministration shall jointly prepare and trans- and the safe operation of aircraft; and Commission may procure temporary and mit to the Congress an integrated civil avia- (2) expedite the appointment of the United intermittent services under section 3109(b) of tion research and development plan. States Ambassador to the World Radio Com- title 5, United States Code, at rates for indi- (c) CONTENTS.—The plan required by sub- munication Conference. viduals which do not exceed the daily equiva- section (b) shall include— SEC. 08. STUDY. lent of the annual rate of basic pay pre- (1) an identification of the respective re- The Secretary shall conduct a study to scribed for level V of the Executive Schedule search and development requirements, roles, evaluate the applicability of the techniques under section 5316 of such title. and responsibilities of the National Aero- used to fund and administer research under (e) TERMINATION OF COMMISSION.—The Com- nautics and Space Administration and the the National Highway Cooperative Research mission shall terminate 90 days after the Federal Aviation Administration; Program and the National Transmit Re- date on which the Commission submits its (2) formal mechanisms for the timely shar- search Program to the research needs of air- report under subsection (b). ing of information between the National Aer- ports. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11983 ROBB (AND OTHERS) AMENDMENT (2) unrestricted climbs; and (B) has jurisdiction in the vicinity of New- NO. 1910 (3) ocean routing. ark International Airport. SEC. ll03. AUTHORIZATION OF APPROPRIA- (2) DEMONSTRATION PROJECT.—The Sec- Mr. ROBB (for himself, Mr. SAR- TIONS. retary of Transportation (referred to in this BANES, and Ms. MIKULSKI) submitted an To carry out section ll02, there shall be subsection as the ‘‘Secretary’’) shall carry amendment intended to be proposed by available to the Administrator of the Fed- out a demonstration project to provide them to the bill, S. 82, supra; as fol- eral Aviation Administration out of the Air- grants to covered local governments to carry lows: port and Airway Trust Fund established out noise abatement activities (including under section 9502 of the Internal Revenue soundproofing buildings) to mitigate noise Beginning on page 153, strike line 1 and all Code of 1986, $6,000,000 for each of fiscal years attributable to an airport. that follows through line 21 on page 159. 2000 and 2001. (3) GRANTS.— (A) IN GENERAL.—Under the demonstration FEINSTEIN AMENDMENT 1911 AMENDMENT NO. 1913 project under this subsection, the Secretary Mr. MCCAIN (for Mrs. FEINSTEIN) pro- At the end of title IV of the Manager’s sub- shall, subject to the availability of funds, posed an amendment to the bill, S. 82, stitute amendment, add the following: award a grant to each local government that SEC. 454. SENSE OF CONGRESS REGARDING CON- submits an application that is satisfactory supra; as follows: SIDERATION OF OCEAN ROUTING to the Secretary to carry out a noise abate- At the appropriate place, insert the fol- PROCEDURES IN THE REDESIGN ment activity referred to in paragraph (2). THE EASTERN REGION AIRSPACE. lowing new section: (B) APPLICATION REQUIREMENTS.—Each ap- SEC. ll. STUDY OF OUTDOOR AIR, VENTILA- It is the sense of Congress that the Admin- plication submitted to the Secretary under TION, AND RECIRCULATION AIR RE- istrator of the Federal Aviation Administra- this paragraph shall contain documentation QUIREMENTS FOR PASSENGER CAB- tion should ensure that— (in a manner and form that is satisfactory to INS IN COMMERCIAL AIRCRAFT. (1) ocean routing procedures are considered the Secretary) that demonstrates— (a) DEFINITIONS.—In this section, the terms in the efforts to redesign the Eastern Region (i) adverse effects caused by noise resulting ‘‘air carrier’’ and ‘‘aircraft’’ have the mean- Airspace that ongoing as of the date of the from a large number of single-event flights ings given those terms in section 40102 of enactment of this Act; and (particularly single-event flights that occur title 49, United States Code. (2) community groups are involved in the between 10:00 P.M. and 7:00 A.M.); and (b) IN GENERAL.—As soon as practicable redesign process to the maximum extent (ii) complaints by residents of the geo- after the date of enactment of this section, practicable. graphic area with respect to which the local the Secretary of Transportation (referred to government has jurisdiction concerning the in this section as the ‘‘Secretary’’) shall con- TORRICELLI (AND OTHERS) noise described in clause (i). duct a study of sources of air supply con- AMENDMENT NO. 1914 (4) FUNDING.—Notwithstanding any other taminants of aircraft and air carriers to de- Mr. McCAIN (for Mr. TORRICELLI (for provision of law, to fund the demonstration velop alternatives to replace engine and aux- project under this subsection, the Secretary himself, Mr. MOYNIHAN, Mrs. MURRAY, iliary power unit bleed air as a source of air shall use a portion of the amounts made supply. To carry out this paragraph, the Sec- Mr. ROBB, and Mr. REED)) proposed an available to the Secretary for noise compat- retary may enter into an agreement with the amendment to the bill, S. 82, supra; as ibility planning and noise compatibility pro- Director of the National Academy of follows: grams under section 48103 of title 49, United Sciences for the National Research Council At the appropriate place in title IV, insert States Code, that would otherwise be used to to conduct the study. the following: carry out section 47504(c) or 47505(a)(2) of (c) AVAILABILITY OF INFORMATION.—Upon SEC. 4ll. STUDY. that title. completion of the study under this section in (a) IN GENERAL.—Not later than 18 months one year’s time, the Administrator of the after the date of enactment of this Act, the AMENDMENT NO. 1916 Federal Aviation Administration shall make Administrator of the Environmental Protec- At the appropriate place in title IV, insert available the results of the study to air car- tion Agency shall submit a study on airport the following: riers through the Aviation Consumer Protec- noise to Congress, the Secretary of Transpor- ll tion Division of the Office of the General SEC. 4 . REPORTING OF TOXIC CHEMICAL RE- tation, and the Administrator of the Federal Counsel for the Department of Transpor- LEASES. Aviation Administration. (a) IN GENERAL.—Not later than 180 days tation. (b) AREAS OF STUDY.—The study shall after the date of enactment of this Act, the examine— Administrator of the Environmental Protec- TORRICELLI AMENDMENTS NOS. (1) the selection of noise measurement tion Agency shall promulgate regulations re- 1912–1913 methodologies used by the Administrator of quiring each airport that regularly serves the Federal Aviation Administration; commercial or military jet aircraft to re- (Ordered to lie on the table.) (2) the threshold of noise at which health Mr. TORRICELLI submitted two port, under section 313 of the Emergency impacts are felt; Planning and Community Right-To-Know amendments intended to be proposed (3) the effectiveness of noise abatement Act of 1986 (42 U.S.C. 11023) and section 6607 by him to the bill, S. 82, supra; as fol- programs at airports around the United of the Pollution Prevention Act of 1990 (42 lows: States; and U.S.C. 13106), releases and other waste man- AMENDMENT NO. 1912 (4) the impacts of aircraft noise on stu- agement activities associated with the man- dents and educators in schools. ufacturing, processing, or other use of toxic At the appropriate place, insert the fol- (c) RECOMMENDATIONS.—The study shall in- lowing new title: chemicals listed under section 313 of the clude specific recommendations to the Sec- Emergency Planning and Community Right- ll TITLE —AIRSPACE REDESIGN retary of Transportation and the Adminis- To-Know Act of 1986 (42 U.S.C. 11023), includ- SEC. ll01. SHORT TITLE. trator of the Federal Aviation Administra- ing toxic chemicals manufactured, proc- This title may be cited as the ‘‘Airspace tion concerning new measures that should be essed, or otherwise used— Redesign Enhancement Act of 1999’’. implemented to mitigate the impact of air- (1) during operation and maintenance of craft noise on communities surrounding air- SEC. ll02. EXPEDITED REDESIGN OF CERTAIN aircraft and other motor vehicles at the air- AIRSPACE. ports. port; and (a) IN GENERAL.—As soon as practicable (2) in the course of other airport and air- after the date of enactment of this Act, but TORRICELLI AMENDMENTS NOS. line activities. not later than 2 years after that date, the 1915–1919 (b) TREATMENT AS A FACILITY.—For the Administrator of the Federal Aviation Ad- (Ordered to lie on the table.) purpose of subsection (a), an airport shall be considered to be a facility as defined in sec- ministration shall, as part of the national Mr. TORRICELLI submitted five airspace redesign activities of the Federal tion 329 of the Emergency Planning and Aviation Administration, redesign the air- amendments intended to be proposed Community Right-To-Know Act of 1986 (42 space over the New Jersey and New York by him to the bill, S. 82, supra; as fol- U.S.C. 11049). metropolitan area. lows: (c) FUNDING.—The Administrator of the (b) COMPUTER MODELS.—At the same time Amendment No. 1915 Environmental Protection Agency shall as the Administrator of the Federal Aviation On page 8, between lines 12 and 13, insert carry out this section using existing funds Administration carries out the activities the following: available to the Administrator. under subsection (a), the Administrator shall (c) DEMONSTRATION PROJECT.— develop and implement computer models (1) COVERED LOCAL GOVERNMENT.—In this AMENDMENT NO. 1917 that provide for a variety of departure and subsection, the term ‘‘covered local govern- At the appropriate place in title IV, insert arrival profiles for aircraft in the New Jersey ment’’ means a local government that— the following: and New York metropolitan area, including (A) is not an airport operator (as that term SEC. 4ll. RIGHT TO KNOW ABOUT AIRPORT profiles for— is defined in section 150.7 of title 14, Code of POLLUTION. (1) higher altitudes; Federal Regulations); and (a) FINDINGS.—Congress finds that— S11984 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) the serious ground level ozone, noise, (D) a representative of air quality dis- programs should be included in an effective water pollution, and solid waste disposal tricts; implementation of airport bubble method- problems attendant to airport operations re- (E) a representative of environmental re- ology; and quire a thorough evaluation of all significant search groups; (K) address the issues of air and noise pol- sources of pollution; (F) a representative of State Audubon So- lution source identification and regulation (2) the Clean Air Act (42 U.S.C. 7401 et cieties; that are unique to military air bases and sta- seq.)— (G) a representative of the Sierra Club; tions. (A) requires each State to reduce emissions (H) a representative of the Nature Conser- (4) REPORT.—Not later than 3 years after contributing to ground level ozone problems vancy; the date of enactment of this Act, the Ad- and maintain those reductions; and (I) a representative of port authorities of ministrator shall submit to Congress a re- (B) requires the Administrator of the Envi- States; port describing the results and recommenda- ronmental Protection Agency to study, in (J) an airport manager; tions of the study required by this sub- addition to other sources, the effects of spo- (K) a representative of commanding offi- section. radic, extreme noise (such as jet noise near cers of military air bases and stations; (e) STUDY OF EMISSION STANDARDS FOR AIR- airports) on public health and welfare; (L) a representative of the bus lines that PLANE ENGINES.— (3) the Federal Water Pollution Control serve airports who is familiar with the emis- (1) IN GENERAL.—The Administrator shall Act (33 U.S.C. 1251 et seq.) establishes a regu- sions testing and repair records of those conduct a study of air pollutant emission latory and enforcement program for dis- buses, the schedules of those lines, and any standards established by the Environmental charges of wastes into waters; problems with delays in service caused by Protection Agency for airplane engines to (4) the Safe Drinking Water Act (42 U.S.C. traffic congestion; determine whether it is feasible and desir- 300f et seq.) establishes primary drinking (M) a representative of the taxis and lim- able to strengthen the standards. water standards and a ground water control ousines that serve airports who is familiar (2) REPORT.—Not later than 2 years after program; with the emissions testing and repair records the date of enactment of this Act, the Ad- (5) the Solid Waste Disposal Act (42 U.S.C. of the taxis and limousines and the volume ministrator shall submit to Congress a re- 6901 et seq.) regulates management and dis- of business generated by the taxis and lim- port describing the results and recommenda- posal of solid and hazardous waste; ousines; tions of the study required by this sub- (6) a study of air pollution problems in (N) a representative of local law enforce- section. California— ment agencies or other entities responsible (f) PROGRESS REPORTS.—Not later than 1 (A) has determined that airports are sig- for traffic conditions in and around airports; year after the date of enactment of this Act, nificant sources of air pollution; and (O) a representative of the Air Transport and annually thereafter until the reports (B) has led to the creation of an airport Association; under subsections (d) and (e) are submitted, bubble concept; and (P) a representative of the Airports Coun- the Administrator shall submit to Congress (7) the airport bubble concept is an ap- cil International–North America; a report that details the progress being made proach that— (Q) a representative of environmental spe- by the Administrator in carrying out sub- (A) treats an airport and the area within a cialists from airport authorities; and sections (d) and (e). specific radius around the airport as a single (R) a representative from an aviation (g) FUNDING.—The Administrator shall source of pollution that emits a range of pol- union representing ground crews. carry out this section using existing funds lutants, including air, noise, water, and solid (3) REQUIRED ELEMENTS.—In conducting the available to the Administrator. waste; and study, the Administrator shall— (A) collect, analyze, and consider informa- (B) seeks, by implementation of specific AMENDMENT NO. 1918 programs or regulations, to reduce the pollu- tion on the variety of stationary and mobile tion from each source within the bubble and sources of air, noise, water, and solid waste At the appropriate place in title IV, insert thereby reduce the overall pollution in that pollution within airport bubbles around air- the following: area. ports in the United States, including— SEC. 4ll. RIGHT TO KNOW ABOUT AIRPORT (b) PURPOSE.—The purpose of this section (i) aircraft, vehicles, and equipment that POLLUTION. is to require the Administrator to conduct— service aircraft (including main and auxil- (a) FINDINGS.—Congress finds that— (1) a feasibility study for applying airport iary engines); and (1) the serious ground level ozone, noise, bubbles to airports as a method of assessing (ii) buses, taxis, and limousines that serve water pollution, and solid waste disposal and reducing, where appropriate, air, noise, airports; problems attendant to airport operations re- water, and solid waste pollution in and (B) study a statistically significant num- quire a thorough evaluation of all significant around the airports and improving overall ber of airports serving commercial aviation sources of pollution; environmental quality; and in a manner designed to obtain a representa- (2) the Clean Air Act (42 U.S.C. 7401 et (2) a study of air pollutant emission stand- tive sampling of such airports; seq.)— ards established by the Environmental Pro- (C) consider all relevant information that (A) requires each State to reduce emissions tection Agency for airplane engines to deter- is available, including State implementation contributing to ground level ozone problems mine whether it is feasible and desirable to plans under the Clean Air Act (42 U.S.C. 7401 and maintain those reductions; and strengthen the standards. et seq.) and airport master plans; (B) requires the Administrator of the Envi- (c) DEFINITIONS.—In this section: (D) consider the air quality implications of ronmental Protection Agency to study, in (1) ADMINISTRATOR.—The term ‘‘Adminis- airport and ground and in-flight aircraft op- addition to other sources, the effects of spo- trator’’ means the Administrator of the En- erations, such as routing and delays; radic, extreme noise (such as jet noise near vironmental Protection Agency. (E) assess the role of airports in interstate airports) on public health and welfare; (2) AIRPORT BUBBLE.—The term ‘‘airport and international travel and commerce and (3) the Federal Water Pollution Control bubble’’ means an area— the environmental and economic impact of Act (33 U.S.C. 1251 et seq.) establishes a regu- (A) in and around an airport (or other fa- regulating airports as significant sources of latory and enforcement program for dis- cility using aircraft) within which sources of air, noise, water, and solid waste pollution; charges of wastes into waters; pollution and levels of pollution from those (F) propose boundaries of the areas to be (4) the Safe Drinking Water Act (42 U.S.C. sources are to be identified and reduced; and included within airport bubbles; 300f et seq.) establishes primary drinking (B) containing a variety of types of air, (G) propose a definition of air pollutant water standards and a ground water control noise, water, and solid waste sources of pol- emissions for airport bubbles that includes program; lution in which the aggregate of each type of hydrocarbons, volatile organic compounds, (5) the Solid Waste Disposal Act (42 U.S.C. pollutant from the respective sources is reg- and other ozone precursors targeted for re- 6901 et seq.) regulates management and dis- ulated as if the various sources were a single duction under Federal air pollution law; posal of solid and hazardous waste; source. (H) develop an inventory of each source of (6) a study of air pollution problems in (d) STUDY OF USING AIRPORT BUBBLES.— air, noise, water, and solid waste pollution to California— (1) IN GENERAL.—The Administrator shall be regulated within airport bubbles and the (A) has determined that airports are sig- conduct a study to determine the feasibility level of reduction for each source; nificant sources of air pollution; and of regulating air, noise, water, and solid (I) list and evaluate programs that might (B) has led to the creation of an airport waste pollution from all sources in and be implemented to reduce air, noise, water, bubble concept; and around airports using airport bubbles. and solid waste pollution within airport bub- (7) the airport bubble concept is an ap- (2) WORKING GROUP.—In conducting the bles and the environmental and economic proach that— study, the Administrator shall establish and impact of each of the programs, including (A) treats an airport and the area within a consult with a working group comprised of— any changes to Federal or State law (includ- specific radius around the airport as a single (A) the Administrator of the Federal Avia- ing regulations) that would be required for source of pollution that emits a range of pol- tion Administration (or a designee); implementation of each of the programs; lutants, including air, noise, water, and solid (B) the Secretary of Defense (or a des- (J) evaluate the feasibility of regulating waste; and ignee); air, noise, water, and solid waste pollutants (B) seeks, by implementation of specific (C) the Secretary of Transportation (or a in and around airports using airport bubbles programs or regulations, to reduce the pollu- designee); and make recommendations regarding which tion from each source within the bubble and October 5, 1999 CONGRESSIONAL RECORD — SENATE S11985

thereby reduce the overall pollution in that pollution within airport bubbles around air- (2) AREAS OF STUDY.—The study shall area. ports in the United States, including— examine— (b) PURPOSE.—The purpose of this section (i) aircraft, vehicles, and equipment that (A) the selection of noise measurement is to require the Administrator to conduct— service aircraft (including main and auxil- methodologies used by the Administrator of (1) a feasibility study for applying airport iary engines); and the Federal Aviation Administration; bubbles to airports as a method of assessing (ii) buses, taxis, and limousines that serve (B) the threshold of noise at which health and reducing, where appropriate, air, noise, airports; impacts are felt; and water, and solid waste pollution in and (B) study a statistically significant num- (C) the effectiveness of noise abatement around the airports and improving overall ber of airports serving commercial aviation programs at airports around the United environmental quality; and in a manner designed to obtain a representa- States. (2) a study of air pollutant emission stand- tive sampling of such airports; (3) RECOMMENDATIONS.—The study shall in- ards established by the Environmental Pro- (C) consider all relevant information that clude specific recommendations to the Sec- tection Agency for airplane engines to deter- is available, including State implementation retary of Transportation and the Adminis- mine whether it is feasible and desirable to plans under the Clean Air Act (42 U.S.C. 7401 trator of the Federal Aviation Administra- strengthen the standards. et seq.) and airport master plans; tion concerning new measures that should be (c) DEFINITIONS.—In this section: (D) consider the air quality implications of implemented to mitigate the impact of air- (1) ADMINISTRATOR.—The term ‘‘Adminis- airport and ground and in-flight aircraft op- craft noise on communities surrounding air- trator’’ means the Administrator of the En- erations, such as routing and delays; ports. vironmental Protection Agency. (E) assess the role of airports in interstate (h) FUNDING.—The Administrator shall (2) AIRPORT BUBBLE.—The term ‘‘airport and international travel and commerce and carry out this section using existing funds bubble’’ means an area— the environmental and economic impact of available to the Administrator. (A) in and around an airport (or other fa- regulating airports as significant sources of cility using aircraft) within which sources of air, noise, water, and solid waste pollution; AMENDMENT NO. 1919 pollution and levels of pollution from those (F) propose boundaries of the areas to be At the appropriate place in title IV, insert sources are to be identified and reduced; and included within airport bubbles; the following: (B) containing a variety of types of air, (G) propose a definition of air pollutant SEC. 4ll. QUIET COMMUNITIES. noise, water, and solid waste sources of pol- emissions for airport bubbles that includes (a) FINDINGS.—Congress finds that— lution in which the aggregate of each type of hydrocarbons, volatile organic compounds, (1)(A) for too many citizens of the United pollutant from the respective sources is reg- and other ozone precursors targeted for re- States, noise from aircraft, vehicular traffic, ulated as if the various sources were a single duction under Federal air pollution law; and a variety of other sources is a constant source. (H) develop an inventory of each source of source of torment; and (d) STUDY OF USING AIRPORT BUBBLES.— air, noise, water, and solid waste pollution to (B) nearly 20,000,000 citizens of the United (1) IN GENERAL.—The Administrator shall be regulated within airport bubbles and the States are exposed to noise levels that can conduct a study to determine the feasibility level of reduction for each source; lead to psychological and physiological dam- of regulating air, noise, water, and solid (I) list and evaluate programs that might age, and another 40,000,000 people are exposed waste pollution from all sources in and be implemented to reduce air, noise, water, to noise levels that cause sleep or work dis- around airports using airport bubbles. and solid waste pollution within airport bub- ruption; (2) WORKING GROUP.—In conducting the bles and the environmental and economic (2)(A) chronic exposure to noise has been study, the Administrator shall establish and impact of each of the programs, including linked to increased risk of cardiovascular consult with a working group comprised of— any changes to Federal or State law (includ- problems, strokes, and nervous disorders; (A) the Administrator of the Federal Avia- ing regulations) that would be required for and tion Administration (or a designee); implementation of each of the programs; (B) excessive noise causes sleep deprivation (B) the Secretary of Defense (or a des- (J) evaluate the feasibility of regulating and task interruptions, which pose untold ignee); air, noise, water, and solid waste pollutants costs on society in diminished worker pro- (C) the Secretary of Transportation (or a in and around airports using airport bubbles ductivity; designee); and make recommendations regarding which (3)(A) to carry out the Clean Air Act (42 (D) a representative of air quality dis- programs should be included in an effective U.S.C. 7401 et seq.), the Noise Control Act of tricts; implementation of airport bubble method- 1972 (42 U.S.C. 4901 et seq.), and section 8 of (E) a representative of environmental re- ology; and the Quiet Communities Act of 1978 (92 Stat. search groups; (K) address the issues of air and noise pol- 3084), the Administrator of the Environ- (F) a representative of State Audubon So- lution source identification and regulation mental Protection Agency established an Of- cieties; that are unique to military air bases and sta- fice of Noise Abatement and Control; (G) a representative of the Sierra Club; tions. (B) the responsibilities of the Office of (H) a representative of the Nature Conser- (4) REPORT.—Not later than 3 years after Noise Abatement and Control included pro- vancy; the date of enactment of this Act, the Ad- mulgating noise emission standards, requir- (I) a representative of port authorities of ministrator shall submit to Congress a re- ing product labeling, facilitating the devel- States; port describing the results and recommenda- opment of low emission products, coordi- (J) an airport manager; tions of the study required by this sub- nating Federal noise reduction programs, as- (K) a representative of commanding offi- section. sisting State and local abatement efforts, cers of military air bases and stations; (e) STUDY OF EMISSION STANDARDS FOR AIR- and promoting noise education and research; (L) a representative of the bus lines that PLANE ENGINES.— and serve airports who is familiar with the emis- (1) IN GENERAL.—The Administrator shall (C) funding for the Office of Noise Abate- sions testing and repair records of those conduct a study of air pollutant emission ment and Control was terminated in 1982, buses, the schedules of those lines, and any standards established by the Environmental and no funds have been provided since; problems with delays in service caused by Protection Agency for airplane engines to (4) because of the lack of funding for the traffic congestion; determine whether it is feasible and desir- Office of Noise Abatement and Control, and (M) a representative of the taxis and lim- able to strengthen the standards. because the Noise Control Act of 1972 (42 ousines that serve airports who is familiar (2) REPORT.—Not later than 2 years after U.S.C. 4901 et seq.) prohibits State and local with the emissions testing and repair records the date of enactment of this Act, the Ad- governments from regulating noise sources of the taxis and limousines and the volume ministrator shall submit to Congress a re- in many situations, noise abatement pro- of business generated by the taxis and lim- port describing the results and recommenda- grams across the United States lie dormant; ousines; tions of the study required by this sub- (5) as the population grows and air and ve- (N) a representative of local law enforce- section. hicle traffic continues to increase, noise pol- ment agencies or other entities responsible (f) PROGRESS REPORTS.—Not later than 1 lution is likely to become an even greater for traffic conditions in and around airports; year after the date of enactment of this Act, problem in the future; and (O) a representative of the Air Transport and annually thereafter until the reports (6) the health and welfare of the citizens of Association; under subsections (d) and (e) are submitted, the United States demands that the Environ- (P) a representative of the Airports Coun- the Administrator shall submit to Congress mental Protection Agency once again as- cil International–North America; a report that details the progress being made sume a role in combating noise pollution. (Q) a representative of environmental spe- by the Administrator in carrying out sub- (b) TRANSFER OF NOISE ABATEMENT DU- cialists from airport authorities; and sections (d) and (e). TIES.—Section 402 of the Noise Pollution and (R) a representative from an aviation (g) STUDY ON AIRPORT NOISE.— Abatement Act of 1970 (42 U.S.C. 7641) is union representing ground crews. (1) IN GENERAL.—Not later than 18 months amended— (3) REQUIRED ELEMENTS.—In conducting the after the date of enactment of this Act, the (1) in subsection (a)— study, the Administrator shall— Administrator shall submit a study on air- (A) in paragraph (2), by redesignating sub- (A) collect, analyze, and consider informa- port noise to Congress, the Secretary of paragraphs (A) through (G) as clauses (i) tion on the variety of stationary and mobile Transportation, and the Administrator of through (vii) and indenting appropriately; sources of air, noise, water, and solid waste the Federal Aviation Administration. and S11986 CONGRESSIONAL RECORD — SENATE October 5, 1999 (B) by striking ‘‘(a) The Administrator’’ LAUTENBERG AMENDMENT NO. ‘‘(b) INFORMATION ON INCIDENCE OF ANIMALS and all that follows through ‘‘(2) determine— 1921 IN AIR TRANSPORT.—Not later than 2 years ’’ and inserting the following: after the date of enactment of this sub- ‘‘(a) DUTIES RELATING TO NOISE ABATEMENT Mr. LAUTENBERG proposed an section, the Secretary shall require each air- AND CONTROL.—The Administrator shall as- amendment to the bill S. 82, supra; as line carrier to— sign to the Office of Air and Radiation the follows: ‘‘(1) submit to the Secretary real-time in- duties— At the end of the bill, add the following: formation (as the information becomes ‘‘(1) to coordinate Federal noise abatement available, but at least 24 hours in advance of TITLE ll—TRANSPORTATION OF activities; a departing flight) on each flight that will be ANIMALS ‘‘(2) to update or develop noise standards; carrying a live animal, including— ‘‘(3) to provide technical assistance to SEC. l01. SHORT TITLE; TABLE OF CONTENTS. ‘‘(A) the flight number; local communities; (a) SHORT TITLE.—This title may be cited ‘‘(B) the arrival and departure points of the ‘‘(4) to promote research and education on as the ‘‘Safe Air Travel for Animals Act’’. flight; the impacts of noise pollution; and (b) TABLE OF CONTENTS.—The table of con- ‘‘(C) the date and times of the flight; and ‘‘(5) to carry out a complete investigation tents of this title is as follows: ‘‘(D) a description of the number and types and study of noise and its effect on the pub- Sec. l01. Short title; table of contents. of animals aboard the flight; and lic health and welfare in order to— Sec. l02. Findings. ‘‘(2) ensure that the flight crew of an air- ‘‘(A) identify and classify causes and SUBTITLE A—ANIMAL WELFARE craft is notified of the number and types of sources of noise; and animals, if any, on each flight of the crew.’’. Sec. l11. Definition of transport. ‘‘(B) determine—’’; and l Sec. l12. Information on incidence of ani- SEC. 13. REPORTS BY CARRIERS ON INCIDENTS (2) by adding at the end the following: INVOLVING ANIMALS DURING AIR ‘‘(d) EMPHASIZED APPROACHES.—In carrying mals in air transport. TRANSPORT. l out paragraphs (1) through (4) of subsection Sec. 13. Reports by carriers on incidents Section 19 of the Animal Welfare Act (7 (a), the Administrator shall emphasize noise involving animals during air U.S.C. 2149) is amended by adding at the end abatement approaches that rely on State and transport. the following: l local activity, market incentives, and co- Sec. 14. Annual reports. ‘‘(e) REPORTS BY CARRIERS ON INCIDENTS IN- ordination with other public and private SUBTITLE B—TRANSPORTATION VOLVING ANIMALS DURING AIR TRANSPORT.— agencies.’’. Sec. l21. Policies and procedures for trans- ‘‘(1) IN GENERAL.—An airline carrier that (c) AUTHORIZATION OF APPROPRIATIONS.— porting animals. causes, or is otherwise involved in or associ- Section 403 of the Noise Pollution and Abate- Sec. l22. Civil penalties and compensation ated with, an incident involving the loss, in- ment Act of 1970 (42 U.S.C. 7642) is amended— for loss, injury, or death of ani- jury, death or mishandling of an animal dur- (1) by inserting ‘‘(a) IN GENERAL.—’’ before mals during air transport. ing air transport shall submit a report to the ‘‘There is’’; and Sec. l23. Cargo hold improvements to pro- Secretary of Agriculture and the Secretary (2) by adding at the end the following: tect animal health and safety. of Transportation that provides a complete ‘‘(b) ADDITIONAL AMOUNTS.—In addition to l description of the incident. amounts made available under subsection SEC. 02. FINDINGS. Congress finds that— ‘‘(2) ADMINISTRATION.—Not later than 90 (a), there are authorized to be appropriated days after the date of enactment of this sub- to carry out this title— (1) animals are live, sentient creatures, with the ability to feel pain and suffer; section, the Secretary of Agriculture, in con- ‘‘(1) $5,000,000 for each of fiscal years 2000, sultation with the Secretary of Transpor- 2001, and 2002; and (2) it is inappropriate for animals trans- ported by air to be treated as baggage; tation, shall issue regulations that specify— ‘‘(2) $8,000,000 for each of fiscal years 2003 ‘‘(A) the type of information that shall be and 2004.’’. (3) according to the Air Transport Associa- tion, over 500,000 animals are transported by included in a report required under para- (d) CONFORMING AMENDMENTS.—Section 7(b) graph (1), including— of the Environmental Research, Develop- air each year and as many as 5,000 of those animals are lost, injured, or killed; ‘‘(i) the date and time of an incident; ment, and Demonstration Authorization Act ‘‘(ii) the location and environmental condi- of 1978 (42 U.S.C. 4364(b)) is amended— (4) most injuries to animals traveling by airplane are due to mishandling by baggage tions of the incident site; (1) by striking paragraph (1) and inserting ‘‘(iii) the probable cause of the incident; the following: personnel, severe temperature fluctuations, insufficient oxygen in cargo holds, or dam- and ‘‘(1) the Office of Air and Radiation, for air ‘‘(iv) the remedial action of the carrier; quality and noise abatement activities;’’; age to kennels; (5) there are no Federal requirements that and (2) in paragraph (5), by inserting ‘‘and’’ at ‘‘(B) a mechanism for notifying the public the end; airlines report incidents of animal loss, in- jury, or death; concerning the incident. (3) in paragraph (6), by striking ‘‘; and’’ and ONSUMER INFORMATION.—The Sec- (6) members of the public have no informa- ‘‘(3) C inserting a period; and retary of Transportation shall include infor- tion to use in choosing an airline based on (4) by striking paragraph (7). mation received under paragraph (1) in the its record of safety with regard to trans- Air Travel Consumer Reports and other con- porting animals; BOXER AMENDMENT NO. 1920 sumer publications of the Department of (7) the last congressional action on ani- Transportation in a separate category of in- Mr. MCCAIN (for Mrs. BOXER) pro- mals transported by air was conducted over formation. posed an amendment to the bill, S. 82, 22 years ago; and ‘‘(4) CONSUMER COMPLAINTS.—Not later (8) the conditions of cargo holds of air- supra; as follows: than 15 days after receiving a consumer com- planes must be improved to protect the Insert on page 126, line 16, a new subsection plaint concerning the loss, injury, death or health, and ensure the safety, of transported (f) and renumber accordingly, mishandling of an animal during air trans- animals. ‘‘(f) TECHNICAL ASSISTANCE.— port, the Secretary of Transportation shall (1) IN GENERAL.—Participants carrying out Subtitle A—Animal Welfare provide a description of the complaint to the inherently low-emission vehicle activities SEC. l11. DEFINITION OF TRANSPORT. Secretary of Agriculture.’’. under this pilot program may use no less Section 2 of the Animal Welfare Act (7 SEC. l14. ANNUAL REPORTS. than 10 percent of the amounts made avail- U.S.C. 2132) is amended by adding at the end Section 25 of the Animal Welfare Act (7 able for expenditure at the airport under the the following: U.S.C. 2155) is amended in the first pilot program to receive technical assistance ‘‘(p) TRANSPORT.—The term ‘transport’, sentence— in carrying out such activities. when used with respect to the air transport (1) in paragraph (4), by striking ‘‘and’’ at (2) ELIGIBLE CONSORTIUM.—To the max- of an animal by a carrier, means the trans- imum extent practicable, participants in the the end; port of the animal during the period the ani- pilot program shall use in an eligible consor- (2) in paragraph (5), by striking the period mal is in the custody of the carrier, from tium (as defined in section 5506 of this title) at the end and inserting ‘‘; and’’; and check-in of the animal prior to departure in the region of the airport to receive tech- (3) by adding at the end the following: until the animal is returned to the owner or nical assistance described in paragraph (1). ‘‘(6) a summary of— guardian of the animal at the final destina- (3) PLANNING ASSISTANCE.—The Adminis- ‘‘(A) incidents involving the loss, injury, or trator may provide $500,000 from funds made tion of the animal.’’. death of animals transported by airline car- available under section 48103 to a multi-state SEC. l12. INFORMATION ON INCIDENCE OF ANI- riers; and western regional technology consortium for MALS IN AIR TRANSPORT. ‘‘(B) consumer complaints regarding the the purposes of developing for dissemination Section 6 of the Animal Welfare Act (7 incidents.’’. prior to the commencement of the pilot pro- U.S.C. 2136) is amended— Subtitle B—Transportation gram a comprehensive best practices plan- (1) by striking ‘‘SEC. 6. Every’’ and insert- SEC. l21. POLICIES AND PROCEDURES FOR ning guide that addresses appropriate tech- ing the following: TRANSPORTING ANIMALS. nologies, environmental and economic im- ‘‘SEC. 6. REGISTRATION. (a) IN GENERAL.—Subchapter I of chapter pacts, an the role of planning and mitigation ‘‘(a) IN GENERAL.—Each’’; and 417 of title 49, United States Code, is amend- strategies. (2) by adding at the end the following: ed by adding at the end the following: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11987 ‘‘§ 41716. Policies and procedures for trans- district in which the carrier is found or re- (1) by more than 2 hours after the regularly porting animals sides or transacts business, to collect the schedule arrival time for the original flight, ‘‘An air carrier shall establish and include penalty. but less than 4 hours after that time, then in each contract of carriage under part 253 of ‘‘(B) PENALTIES.—The court shall have ju- the air carrier shall provide the passenger title 14, Code of Federal Regulations (or any risdiction to hear and decide an action with cash or an airline voucher in the successor regulation) policies and procedures brought under subparagraph (A). amount equal to twice the value of the tick- of the carrier for transporting animals safe- ‘‘(c) COMPENSATION.—If an animal is lost, et; or ly, including— injured, or dies in transport by a carrier, un- (2) for more than 4 hours after the regu- ‘‘(1) training requirements for airline per- less the carrier proves that the carrier did larly schedule arrival time for the original sonnel in the proper treatment of animals not cause, and was not otherwise involved in flight, then the air carrier shall provide the being transported; or associated with, the loss, injury, or death passenger with cash or an airline voucher in ‘‘(2) information on the risks associated of the animal, the owner of the animal shall the amount equal to 3 times the value of the with air travel for animals; be entitled to compensation from the carrier ticket. ‘‘(3) a description of the conditions under in an amount that— (c) DELAYS IN DEPARTURES.—If the earliest which animals are transported; ‘‘(1) is not less than 2 times any limitation transportation offered by an air carrier to a ‘‘(4) the safety record of the carrier with established by the carrier for loss or damage passenger denied transportation as described respect to transporting animals; and to baggage under part 254 of title 14, Code of in subsection (a) is on a day after the day of ‘‘(5) plans for handling animals prior to Federal Regulations (or any successor regu- the scheduled flight on which the passenger and after flight, and when there are flight lation); and has reserved and paid for seating, then the delays or other circumstances that may af- ‘‘(2) includes all veterinary and other re- air carrier shall pay the passenger the fect the health or safety of an animal during lated costs that are documented and initi- amount equal to the greater of— transport.’’. ated not later than 1 year after the incident (1) $1,000; or (b) TABLE OF CONTENTS.—The analysis for that caused the loss, injury, or death of the (2) 3 times the value of the ticket. chapter 417 of title 49, United States Code, is animal.’’. (d) RELATIONSHIP OF BENEFITS.— amended by adding at the end of the items (b) TABLE OF CONTENTS.—The analysis for (1) GENERAL AND DELAY BENEFITS.—Benefits chapter 463 of title 49, United States Code, is relating to subchapter I the following: due a passenger under subsection (b) or (c) amended by adding at the end the following: ‘‘41716. Policies and procedures for trans- are in addition to benefits due a passenger ‘‘46317. Civil penalties and compensation for porting animals.’’. under subsection (a) with respect to the l loss, injury, or death of animals same denial of transportation. SEC. 22. CIVIL PENALTIES AND COMPENSATION during air transport.’’. FOR LOSS, INJURY, OR DEATH OF (2) DELAY BENEFITS.—A passenger may not ANIMALS DURING AIR TRANSPORT. SEC. l23. CARGO HOLD IMPROVEMENTS TO PRO- receive benefits under both subsection (b) (a) IN GENERAL.—Chapter 463 of title 49, TECT ANIMAL HEALTH AND SAFETY. and subsection (c) with respect to the same United States Code, is amended by adding at (a) IN GENERAL.—To protect the health and denial of transportation. A passenger eligible the end the following: safety of animals in transport, the Secretary for benefits under both subsections shall re- of Transportation shall— ‘‘§ 46317. Civil penalties and compensation for ceive the greater benefit payable under those (1) in conjunction with requiring certain subsections. loss, injury, or death of animals during air transport category airplanes used in pas- transport (e) CIVIL PENALTY.—An air carrier that senger service to replace class D cargo or fails to provide a summary of passenger’s ‘‘(a) DEFINITIONS.—In this section: baggage compartments with class C cargo or rights to one or more passengers on a flight ‘‘(1) CARRIER.—The term ‘carrier’ means a baggage compartments under parts 25, 121, when required to do so under subsection person (including any employee, contractor, and 135 of title 14, Code of Federal Regula- (a)(1) shall pay the Federal Aviation Admin- or agent of the person) operating an aircraft tions, to install, to the maximum extent istration a civil penalty in the amount of for the transportation of passengers or prop- practicable, systems that permit positive $1,000. erty for compensation. airflow and heating and cooling for animals (f) DEFINITIONS.—In this section: ‘‘(2) TRANSPORT.—The term ‘transport’, that are present in cargo or baggage com- (1) AIRLINE TICKET.—The term ‘‘airline when used with respect to the air transport partments; and ticket’’ includes any electronic verification of an animal by a carrier, means the trans- (2) effective beginning January 1, 2001, pro- of a reservation that is issued by the airline port of the animal during the period the ani- hibit the transport of an animal by any car- in place of a ticket. mal is in the custody of a carrier, from rier in a cargo or baggage compartment that (2) VALUE.—The term ‘‘value’’, with respect check-in of the animal prior to departure fails to include a system described in para- to an airline ticket, means the value of the until the animal is returned to the owner or graph (1). remaining unused portion of the airline tick- guardian of the animal at the final destina- (b) REPORT.—Not later than March 31, 2002, et on the scheduled flight. tion of the animal. the Secretary shall submit a report to Con- (3) WITHOUT CONSENT OF THE PASSENGER.— ‘‘(b) CIVIL PENALTIES.— gress that describes actions that have been The term ‘‘without consent of the pas- ‘‘(1) IN GENERAL.—The Secretary may as- taken to carry out subsection (a). sess a civil penalty of not more than $5,000 senger’’, with respect to a denial of transpor- tation to a passenger means a passenger, is for each violation on, or issue a cease and de- LAUTENBERG AMENDMENT NO. sist order against, any carrier that causes, or denied transportation under subsection (a) is otherwise involved in or associated with, 1922 for reasons other than weather or safety. the loss, injury, or death of an animal during Mr. LAUTENBERG proposed an air transport. amendment to the bill S. 82, supra; as HATCH (AND OTHERS) ‘‘(2) CEASE AND DESIST ORDERS.—A carrier follows: AMENDMENT NO. 1923 who knowingly fails to obey a cease and de- At the end of title IV, insert the following (Ordered to lie on the table.) sist order issued by the Secretary under this new section: subsection shall be subject to a civil penalty Mr. HATCH (for himself, Mr. LEAHY, SEC. 454. REQUIREMENTS APPLICABLE TO AIR and Mr. THURMOND) submitted an of $1,500 for each offense. CARRIERS THAT BUMP PASSENGERS ‘‘(3) SEPARATE OFFENSES.—For purposes of INVOLUNTARILY. amendment intended to be proposed by determining the amount of a penalty im- (a) IN GENERAL.—If an air carrier denies a them to the bill S. 82, supra; as follows: posed under this subsection, each violation passenger, without the consent of the pas- At the appropriate place, insert the fol- and each day during which a violation con- senger, transportation on a scheduled flight lowing: tinues shall be a separate offense. for which the passenger has made a reserva- SEC. ll. PREVENTION OF FRAUDS INVOLVING ‘‘(4) FACTORS.—In determining whether to tion and paid— AIRCRAFT OR SPACE VEHICLE assess a civil penalty under this subsection (1) the air carrier shall provide the pas- PARTS IN INTERSTATE OR FOREIGN and the amount of the civil penalty, the Sec- senger with a one-page summary of the pas- COMMERCE. retary shall consider— senger’s rights to transportation, services, (a) SHORT TITLE.—This section may be ‘‘(A) the size and financial resources of the compensation, and other benefits resulting cited as the ‘‘Aircraft Safety Act of 1999’’. business of the carrier; from the denial of transportation; (b) DEFINITIONS.—Section 31 of title 18, ‘‘(B) the gravity of the violation; (2) the passenger may select comparable United States Code, is amended by striking ‘‘(C) the good faith of the carrier; and transportation (as defined by the air carrier), all after the section heading and inserting ‘‘(D) any history of previous violations by with accommodations if needed, or a cash re- the following: the carrier. fund; and ‘‘(a) IN GENERAL.— ‘‘(5) COLLECTION OF PENALTIES.— (3) the air carrier shall provide the pas- ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means ‘‘(A) IN GENERAL.—On the failure of a car- senger with cash or a voucher in the amount a civil, military, or public contrivance in- rier to pay a civil penalty assessed by a final that is equal to the value of the ticket. vented, used, or designed to navigate, fly, or order under this section, the Secretary shall (b) DELAYS IN ARRIVALS.—If, by reason of a travel in the air. request the Attorney General to institute a denial of transportation covered by sub- ‘‘(2) AVIATION QUALITY.—The term ‘aviation civil action in a district court of the United section (a), a passenger’s arrival at the pas- quality’, with respect to a part of an aircraft States or other United States court for any senger’s destination is delayed— or space vehicle, means the quality of having S11988 CONGRESSIONAL RECORD — SENATE October 5, 1999

been manufactured, constructed, produced, on or in any aircraft or space vehicle any ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This repaired, overhauled, rebuilt, reconditioned, aircraft or space vehicle part using or by section does not preempt or displace any or restored in conformity with applicable means of a fraudulent representation, docu- other remedy, civil or criminal, provided by standards specified by law (including a regu- ment, record, certification, depiction, data Federal or State law for the fraudulent im- lation) or contract. plate, label, or electronic communication; or portation, sale, trade, installation, or intro- ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘‘(3) attempts or conspires to commit an of- duction into commerce of an aircraft or ‘destructive substance’ means an explosive fense described in paragraph (1) or (2); space vehicle part. substance, flammable material, infernal ma- shall be punished as provided in subsection ‘‘(f) TERRITORIAL SCOPE.—This section ap- chine, or other chemical, mechanical, or ra- (b). plies to conduct occurring inside or outside dioactive device or matter of a combustible, ‘‘(b) PENALTIES.—The punishment for an the United States. contaminative, corrosive, or explosive na- offense under subsection (a) is as follows: ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND ture. ‘‘(1) AVIATION QUALITY.—If the offense re- PROCEDURES.— ‘‘(1) AUTHORIZATION.— ‘‘(4) IN FLIGHT.—The term ‘in flight’ lates to the aviation quality of a part and ‘‘(A) SUBPOENAS.—In any investigation re- means— the part is installed in an aircraft or space lating to any act or activity involving an of- ‘‘(A) any time from the moment at which vehicle, a fine of not more than $500,000, im- fense under this section, the Attorney Gen- all the external doors of an aircraft are prisonment for not more than 25 years, or eral may issue in writing and cause to be closed following embarkation until the mo- both. served a subpoena— ment when any such door is opened for dis- ‘‘(2) FAILURE TO OPERATE AS REP- ‘‘(i) requiring the production of any record embarkation; and RESENTED.—If, by reason of the failure of the part to operate as represented, the part to (including any book, paper, document, elec- ‘‘(B) in the case of a forced landing, until which the offense is related is the probable tronic medium, or other object or tangible competent authorities take over the respon- cause of a malfunction or failure that results thing) that may be relevant to an authorized sibility for the aircraft and the persons and in serious bodily injury (as defined in section law enforcement inquiry, that a person or property on board. 1365) to or the death of any person, a fine of legal entity may possess or have care or cus- ‘‘(5) IN SERVICE.—The term ‘in service’ not more than $1,000,000, imprisonment for tody of or control over; and means— any term of years or life, or both. ‘‘(ii) requiring a custodian of a record to ‘‘(A) any time from the beginning of pre- ‘‘(3) ORGANIZATIONS.—If the offense is com- give testimony concerning the production flight preparation of an aircraft by ground mitted by an organization, a fine of not more and authentication of the record. personnel or by the crew for a specific flight than $25,000,000. ‘‘(B) CONTENTS.—A subpoena under sub- until 24 hours after any landing; and ‘‘(4) OTHER CIRCUMSTANCES.—In the case of paragraph (A) shall— ‘‘(B) in any event includes the entire pe- an offense not described in paragraph (1), (2), ‘‘(i) describe the object required to be pro- riod during which the aircraft is in flight. or (3), a fine under this title, imprisonment duced; and ‘‘(6) MOTOR VEHICLE.—The term ‘motor ve- for not more than 15 years, or both. ‘‘(ii) prescribe a return date within a rea- hicle’ means every description of carriage or ‘‘(c) CIVIL REMEDIES.— sonable period of time within which the ob- other contrivance propelled or drawn by me- ‘‘(1) IN GENERAL.—The district courts of the ject can be assembled and produced. chanical power and used for commercial pur- United States shall have jurisdiction to pre- ‘‘(C) LIMITATION.—The production of a poses on the highways in the transportation vent and restrain violations of this section record shall not be required under this sec- of passengers, passengers and property, or by issuing appropriate orders, including— tion at any place more than 500 miles from property or cargo. ‘‘(A) ordering a person CONVICTED OF AN OF- the place at which the subpoena for the pro- ‘‘(7) PART.—The term ‘part’ means a frame, FENSE UNDER THIS SECTION to divest any in- duction of the record is served. assembly, component, appliance, engine, pro- terest, direct or indirect, in any enterprise, ‘‘(D) WITNESS FEES.—A witness summoned peller, material, part, spare part, piece, sec- or to destroy, or to mutilate and sell as under this section shall be paid the same fees tion, or related integral or auxiliary equip- scrap, aircraft material or part inventories and mileage as are paid witnesses in courts ment. or stocks; of the United States. ‘‘(8) SPACE VEHICLE.—The term ‘space vehi- ‘‘(B) imposing reasonable restrictions on ‘‘(b) SERVICE.— cle’ means a man-made device, either the future activities or investments of any ‘‘(1) IN GENERAL.—A subpoena issued under manned or unmanned, designed for operation such person, including prohibiting engage- subsection (a) may be served by any person beyond the Earth’s atmosphere. ment in the same type of endeavor as used to who is at least 18 years of age and is des- ‘‘(9) STATE.—The term ‘State’ means a commit the offense; and ignated in the subpoena to serve the sub- State of the United States, the District of ‘‘(C) ordering dissolution or reorganization poena. Columbia, and any commonwealth, territory, of any enterprise, making due provisions for ‘‘(2) NATURAL PERSONS.—Service of a sub- or possession of the United States. the rights and interests of innocent persons. poena issued under subsection (a) on a nat- ‘‘(10) USED FOR COMMERCIAL PURPOSES.— ‘‘(2) RESTRAINING ORDERS AND PROHIBI- ural person may be made by personal deliv- The term ‘used for commercial purposes’ TION.—Pending final determination of a pro- ery of the subpoena to the person. means the carriage of persons or property for ceeding brought under this section, the court ‘‘(3) CORPORATIONS AND OTHER ORGANIZA- any fare, fee, rate, charge or other consider- may enter such restraining orders or prohibi- TIONS.—Service of a subpoena issued under ation, or directly or indirectly in connection tions, or take such other actions (including subsection (a) on a domestic or foreign cor- with any business, or other undertaking in- the acceptance of satisfactory performance poration or on a partnership or other unin- tended for profit. bonds) as the court deems proper. corporated association that is subject to suit ‘‘(b) TERMS DEFINED IN OTHER LAW.—In ‘‘(3) ESTOPPEL.—A final judgment rendered under a common name may be made by de- this chapter, the terms ‘aircraft engine’, ‘air in favor of the United States in any criminal livering the subpoena to an officer, to a man- navigation facility’, ‘appliance’, ‘civil air- proceeding brought under this section shall aging or general agent, or to any other agent craft’, ‘foreign air commerce’, ‘interstate air estop the defendant from denying the essen- authorized by appointment or by law to re- commerce’, ‘landing area’, ‘overseas air com- tial allegations of the criminal offense in ceive service of process for the corporation, merce’, ‘propeller’, ‘spare part’, and ‘special any subsequent civil proceeding brought by partnership, or association. aircraft jurisdiction of the United States’ the United States. ‘‘(4) PROOF OF SERVICE.—The affidavit of have the meanings given those terms in sec- ‘‘(d) CRIMINAL FORFEITURE.— the person serving the subpoena entered or a tions 40102(a) and 46501 of title 49.’’. ‘‘(1) IN GENERAL.—The court, in imposing true copy of such an affidavit shall be proof (c) FRAUD.— sentence on any person convicted of an of- of service. (1) IN GENERAL.—Chapter 2 of title 18, fense under this section, shall order, in addi- ‘‘(c) ENFORCEMENT.— United States Code, is amended by adding at tion to any other sentence and irrespective ‘‘(1) IN GENERAL.—In the case of a failure to the end the following: of any provision of State law, that the per- comply with a subpoena issued under sub- ‘‘§ 38. Fraud involving aircraft or space vehi- son forfeit to the United States— section (a), the Attorney General may in- cle parts in interstate or foreign commerce ‘‘(A) any property constituting, or derived voke the aid of any court of the United ‘‘(a) OFFENSES.—A person that, in or affect- from, any proceeds that the person obtained, States within the jurisdiction of which the ing interstate or foreign commerce, directly or indirectly, as a result of the of- investigation is carried on or of which the knowingly— fense; and subpoenaed person is an inhabitant, or in ‘‘(1)(A) falsifies or conceals a material fact; ‘‘(B) any property used, or intended to be which the subpoenaed person carries on busi- ‘‘(B) makes any materially fraudulent rep- used in any manner, to commit or facilitate ness or may be found, to compel compliance resentation; or the commission of the offense. with the subpoena. ‘‘(C) makes or uses any materially false ‘‘(2) APPLICATION OF OTHER LAW.—The for- ‘‘(2) ORDERS.—The court may issue an writing, entry, certification, document, feiture of property under this section, in- order requiring the subpoenaed person to ap- record, data plate, label, or electronic com- cluding any seizure and disposition of the pear before the Attorney General to produce munication; property, and any proceedings relating to a record or to give testimony concerning the concerning any aircraft or space vehicle the property, shall be governed by section production and authentication of a record. part; 413 of the Comprehensive Drug Abuse and ‘‘(3) CONTEMPT.—Any failure to obey the ‘‘(2) exports from or imports or introduces Prevention Act of 1970 (21 U.S.C. 853) (not in- order of the court may be punished by the into the United States, sells, trades, installs cluding subsection (d) of that section). court as a contempt of court. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11989

‘‘(4) PROCESS.—All process in a case under title 14 of the Code of Federal Regulations ment when any such door is opened for dis- this subsection may be served in any judicial required under the National Environmental embarkation; and district in which the subpoenaed person may Policy Act of 1969 for the redesign of the air- ‘‘(B) in the case of a forced landing, until be found. space surrounding Philadelphia Inter- competent authorities take over the respon- ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- national Airport; sibility for the aircraft and the persons and withstanding any Federal, State, or local (2) study the feasibility, consistent with property on board. law, any person (including any officer, agent, safety, of placing the approach causeway for ‘‘(5) IN SERVICE.—The term ‘in service’ or employee of a person) that receives a sub- Philadelphia International Airport’s East means— poena under this section, who complies in Operations over the Delaware River (instead ‘‘(A) any time from the beginning of pre- good faith with the subpoena and produces a of Brandywine Hundred); and flight preparation of an aircraft by ground record or material sought by a subpoena (3) study the feasibility of increasing the personnel or by the crew for a specific flight under this section, shall not be liable in any standard altitude over the Brandywine Inter- until 24 hours after any landing; and court of any State or the United States to cept from 3,000 feet to 4,000 feet. ‘‘(B) in any event includes the entire pe- any customer or other person for the produc- riod during which the aircraft is in flight. tion or for nondisclosure of the production to ROTH AMENDMENT NO. 1926 ‘‘(6) MOTOR VEHICLE.—The term ‘motor ve- the customer.’’. hicle’ means every description of carriage or (2) CONFORMING AMENDMENTS.— (Ordered to lie on the table.) other contrivance propelled or drawn by me- (A) CHAPTER ANALYSIS.—The analysis for Mr. ROTH submitted an amendment chanical power and used for commercial pur- chapter 2 of title 18, United States Code, is intended to be propoed by him to the poses on the highways in the transportation amended by adding at the end the following: bill S. 82, supra; as follows: of passengers, passengers and property, or ‘‘38. Fraud involving aircraft or space vehicle property or cargo. At the appropriate place, insert the fol- parts in interstate or foreign ‘‘(7) PART.—The term ‘part’ means a frame, lowing new section: commerce.’’. assembly, component, appliance, engine, pro- SEC. ll. AIR TRAFFIC OVER NORTHERN DELA- peller, material, part, spare part, piece, sec- (B) WIRE AND ELECTRONIC COMMUNICA- WARE. TIONS.—Section 2516(1)(c) of title 18, United tion, or related integral or auxiliary equip- Any airspace redesign efforts relating to ment. States Code, is amended by inserting ‘‘sec- Philadelphia International Airport, the Ad- tion 38 (relating to aircraft parts fraud),’’ ‘‘(8) SPACE VEHICLE.—The term ‘space vehi- ministrator of the Federal Aviation Admin- cle’ means a man-made device, either after ‘‘section 32 (relating to destruction of istration shall— aircraft or aircraft facilities),’’. manned or unmanned, designed for operation (1) include northern Delaware in any study beyond the Earth’s atmosphere. of aircraft noise conducted under part 150 of ‘‘(9) STATE.—The term ‘State’ means a COVERDELL AMENDMENT NO. 1924 title 14 of the Code of Federal Regulations State of the United States, the District of (Ordered to lie on the table.) that are required under the National Envi- Columbia, and any commonwealth, territory, Mr. COVERDELL submitted an ronmental Policy Act of 1969; or possession of the United States. (2) study the feasibility, consistent with amendment intended to be proposed by ‘‘(10) USED FOR COMMERCIAL PURPOSES.— safety, of placing the approach causeway for him to the bill S. 82, supra; as follows: The term ‘used for commercial purposes’ Philadelphia International Airport’s East means the carriage of persons or property for At the appropriate place in the Manager’s Operations over the Delaware River; and any fare, fee, rate, charge or other consider- substitute amendment, insert the following: (3) study the feasibility of increasing the ation, or directly or indirectly in connection ll SEC. . AVAILABILITY OF FUNDS FOR GEOR- standard altitude over the Brandywine Inter- with any business, or other undertaking in- GIA’S REGIONAL AIRPORT ENHANCE- cept in northern Delaware from 3,000 feet to tended for profit. MENT PROGRAM. 3,500 or 4,000 feet. Of the amounts made available to the Sec- ‘‘(b) TERMS DEFINED IN OTHER LAW.—In retary of Transportation for the fiscal year this chapter, the terms ‘aircraft engine’, ‘air 2000 out of the Airport and Airway Trust HATCH (AND OTHERS) navigation facility’, ‘appliance’, ‘civil air- Fund established under section 9502 of the AMENDMENT NO. 1927 craft’, ‘foreign air commerce’, ‘interstate air commerce’, ‘landing area’, ‘overseas air com- Internal Revenue Code of 1986 (26 U.S.C. Mr. MCCAIN (for Mr. HATCH (for him- 9502), $11,000,000 may be available for Geor- merce’, ‘propeller’, ‘spare part’, and ‘special self, Mr. LEAHY, and Mr. THURMOND)) gia’s regional airport enhancement program aircraft jurisdiction of the United States’ for the acquisition of land. proposed an amendment to the bill S. have the meanings given those terms in sec- 82, supra; as follows: tions 40102(a) and 46501 of title 49.’’. (c) FRAUD.— At the appropriate place, insert the fol- ROTH AMENDMENT NO. 1925 (1) IN GENERAL.—Chapter 2 of title 18, lowing: United States Code, is amended by adding at Mr. MCCAIN (for Mr. ROTH) proposed ll SEC. . PREVENTION OF FRAUDS INVOLVING the end the following: an amendment to the bill S. 82, supra; AIRCRAFT OR SPACE VEHICLE as follows: PARTS IN INTERSTATE OR FOREIGN ‘‘§ 38. Fraud involving aircraft or space vehi- At the appropriate place, insert the fol- COMMERCE. cle parts in interstate or foreign commerce lowing new section: (a) SHORT TITLE.—This section may be ‘‘(a) OFFENSES.—A person that, in or affect- SEC. ll. EXPRESSING THE SENSE OF THE SEN- cited as the ‘‘Aircraft Safety Act of 1999’’. ing interstate or foreign commerce, ATE CONCERNING AIR TRAFFIC (b) DEFINITIONS.—Section 31 of title 18, knowingly— OVER NORTHERN DELAWARE. United States Code, is amended by striking ‘‘(1)(A) falsifies or conceals a material fact; (a) DEFINITION.—The term ‘‘Brandywine all after the section heading and inserting ‘‘(B) makes any materially fraudulent rep- Intercept’’ means the point over Brandywine the following: resentation; or Hundred in northern Delaware that pilots ‘‘(a) IN GENERAL.— ‘‘(C) makes or uses any materially false use for guidance and maintenance of safe op- ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means writing, entry, certification, document, eration from other aircraft and over which a civil, military, or public contrivance in- record, data plate, label, or electronic com- most aircraft pass on their East Operations vented, used, or designed to navigate, fly, or munication; approach to Philadelphia International Air- travel in the air. concerning any aircraft or space vehicle port. ‘‘(2) AVIATION QUALITY.—The term ‘aviation part; (b) FINDINGS.—Congress makes the fol- quality’, with respect to a part of an aircraft ‘‘(2) exports from or imports or introduces lowing findings: or space vehicle, means the quality of having into the United States, sells, trades, installs (1) The Brandywine Hundred area of New been manufactured, constructed, produced, on or in any aircraft or space vehicle any Castle County, Delaware serves as a major repaired, overhauled, rebuilt, reconditioned, aircraft or space vehicle part using or by approach causeway to Philadelphia Inter- or restored in conformity with applicable means of a fraudulent representation, docu- national Airport’s East Operations runways. standards specified by law (including a regu- ment, record, certification, depiction, data (2) The standard of altitude over the Bran- lation) or contract. plate, label, or electronic communication; or dywine Intercept is 3,000 feet, with airport ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘‘(3) attempts or conspires to commit an of- scatter charts indicating that within a given ‘destructive substance’ means an explosive fense described in paragraph (1) or (2); hour of consistent weather and visibility air- substance, flammable material, infernal ma- shall be punished as provided in subsection craft fly over the Brandywine Hundred at chine, or other chemical, mechanical, or ra- (b). anywhere from 2,500 to 4,000 feet. dioactive device or matter of a combustible, ‘‘(b) PENALTIES.—The punishment for an (3) Lower airplane altitudes result in in- contaminative, corrosive, or explosive na- offense under subsection (a) is as follows: creased ground noise. ture. ‘‘(1) AVIATION QUALITY.—If the offense re- (c) SENSE OF THE SENATE.—It is the sense ‘‘(4) IN FLIGHT.—The term ‘in flight’ lates to the aviation quality of a part and of the Senate that the Secretary of Trans- means— the part is installed in an aircraft or space portation should— ‘‘(A) any time from the moment at which vehicle, a fine of not more than $500,000, im- (1) include northern Delaware in any study all the external doors of an aircraft are prisonment for not more than 25 years, or of aircraft noise conducted under part 150 of closed following embarkation until the mo- both. S11990 CONGRESSIONAL RECORD — SENATE October 5, 1999

‘‘(2) FAILURE TO OPERATE AS REP- eral may issue in writing and cause to be (2) CONFORMING AMENDMENTS.— RESENTED.—If, by reason of the failure of the served a subpoena— (A) CHAPTER ANALYSIS.—The analysis for part to operate as represented, the part to ‘‘(i) requiring the production of any record chapter 2 of title 18, United States Code, is which the offense is related is the probable (including any book, paper, document, elec- amended by adding at the end the following: cause of a malfunction or failure that results tronic medium, or other object or tangible ‘‘38. Fraud involving aircraft or space vehicle in serious bodily injury (as defined in section thing) that may be relevant to an authorized parts in interstate or foreign 1365) to or the death of any person, a fine of law enforcement inquiry, that a person or commerce.’’. not more than $1,000,000, imprisonment for legal entity may possess or have care or cus- (B) WIRE AND ELECTRONIC COMMUNICA- any term of years or life, or both. tody of or control over; and TIONS.—Section 2516(1)(c) of title 18, United ‘‘(ii) requiring a custodian of a record to ‘‘(3) ORGANIZATIONS.—If the offense is com- States Code, is amended by inserting ‘‘sec- give testimony concerning the production mitted by an organization, a fine of not more tion 38 (relating to aircraft parts fraud),’’ and authentication of the record. than $25,000,000. after ‘‘section 32 (relating to destruction of ‘‘(B) CONTENTS.—A subpoena under sub- ‘‘(4) OTHER CIRCUMSTANCES.—In the case of aircraft or aircraft facilities),’’. an offense not described in paragraph (1), (2), paragraph (A) shall— or (3), a fine under this title, imprisonment ‘‘(i) describe the object required to be pro- for not more than 15 years, or both. duced; and GRASSLEY AMENDMENT NO. 1928 ‘‘(c) CIVIL REMEDIES.— ‘‘(ii) prescribe a return date within a rea- (Ordered to lie on the table.) ‘‘(1) IN GENERAL.—The district courts of the sonable period of time within which the ob- Mr. GRASSLEY submitted an United States shall have jurisdiction to pre- ject can be assembled and produced. amendment intended to be proposed by vent and restrain violations of this section ‘‘(C) LIMITATION.—The production of a him to the bill S. 82, supra; as follows: by issuing appropriate orders, including— record shall not be required under this sec- tion at any place more than 500 miles from At the appropriate place in title IV, insert ‘‘(A) ordering a person CONVICTED OF AN OF- the following: FENSE UNDER THIS SECTION to divest any in- the place at which the subpoena for the pro- SEC. 4ll. NOTIFICATION REQUIREMENTS. terest, direct or indirect, in any enterprise, duction of the record is served. Section 44903 is amended by adding at the or to destroy, or to mutilate and sell as ‘‘(D) WITNESS FEES.—A witness summoned end the following: scrap, aircraft material or part inventories under this section shall be paid the same fees ‘‘(f) NOTIFICATION TO PASSENGERS OF FOR- or stocks; and mileage as are paid witnesses in courts EIGN AIR TRANSPORTATION CONCERNING CER- ‘‘(B) imposing reasonable restrictions on of the United States. TAIN CRIMINAL LAWS RELATING TO THE TRANS- the future activities or investments of any ‘‘(b) SERVICE.— ‘‘(1) IN GENERAL.—A subpoena issued under PORTATION OF MINORS.— such person, including prohibiting engage- ‘‘(1) IN GENERAL.—Not later than 60 days ment in the same type of endeavor as used to subsection (a) may be served by any person who is at least 18 years of age and is des- after the date of enactment of the Air Trans- commit the offense; and portation Improvement Act, the Secretary of ‘‘(C) ordering dissolution or reorganization ignated in the subpoena to serve the sub- poena. Transportation, acting through the Adminis- of any enterprise, making due provisions for trator of the Federal Aviation Administra- the rights and interests of innocent persons. ‘‘(2) NATURAL PERSONS.—Service of a sub- poena issued under subsection (a) on a nat- tion, shall promulgate regulations that re- ‘‘(2) RESTRAINING ORDERS AND PROHIBI- quire each air carrier that provides foreign TION.—Pending final determination of a pro- ural person may be made by personal deliv- ery of the subpoena to the person. air transportation to passengers at an air- ceeding brought under this section, the court port in the United States and each owner or may enter such restraining orders or prohibi- ‘‘(3) CORPORATIONS AND OTHER ORGANIZA- TIONS.—Service of a subpoena issued under operator of such an airport to provide rea- tions, or take such other actions (including sonable notice to those passengers of the ap- the acceptance of satisfactory performance subsection (a) on a domestic or foreign cor- poration or on a partnership or other unin- plicability and requirements of— bonds) as the court deems proper. ‘‘(A) section 2323 of title 18, United States ‘‘(3) ESTOPPEL.—A final judgment rendered corporated association that is subject to suit under a common name may be made by de- Code; and in favor of the United States in any criminal ‘‘(B) any other similar provision of Federal livering the subpoena to an officer, to a man- proceeding brought under this section shall law relating to the transportation of individ- aging or general agent, or to any other agent estop the defendant from denying the essen- uals under the age of 18 years. authorized by appointment or by law to re- tial allegations of the criminal offense in ‘‘(2) CONSULTATION.—In promulgating regu- any subsequent civil proceeding brought by ceive service of process for the corporation, lations under paragraph (1), the Secretary of the United States. partnership, or association. Transportation, acting through the Adminis- ‘‘(4) PROOF OF SERVICE.—The affidavit of ‘‘(d) CRIMINAL FORFEITURE.— trator of the Federal Aviation Administra- the person serving the subpoena entered or a ‘‘(1) IN GENERAL.—The court, in imposing tion, shall consult with representatives of— sentence on any person convicted of an of- true copy of such an affidavit shall be proof ‘‘(A) air carriers; and fense under this section, shall order, in addi- of service. ‘‘(B) other interested parties.’’. ‘‘(c) ENFORCEMENT.— tion to any other sentence and irrespective ‘‘(1) IN GENERAL.—In the case of a failure to of any provision of State law, that the per- comply with a subpoena issued under sub- FITZGERALD AMENDMENTS NOS. son forfeit to the United States— section (a), the Attorney General may in- 1929–1947 ‘‘(A) any property constituting, or derived voke the aid of any court of the United from, any proceeds that the person obtained, (Ordered to lie on the table.) States within the jurisdiction of which the directly or indirectly, as a result of the of- Mr. FITZGERALD submitted 19 investigation is carried on or of which the fense; and amendments intended to be proposed subpoenaed person is an inhabitant, or in ‘‘(B) any property used, or intended to be by him to the bill, S. 82, supra: as fol- which the subpoenaed person carries on busi- used in any manner, to commit or facilitate lows: ness or may be found, to compel compliance the commission of the offense. with the subpoena. AMENDMENT NO. 1929 ‘‘(2) APPLICATION OF OTHER LAW.—The for- ‘‘(2) ORDERS.—The court may issue an At the end of the matter proposed to be in- feiture of property under this section, in- order requiring the subpoenaed person to ap- serted, insert the following new section: cluding any seizure and disposition of the pear before the Attorney General to produce SEC. ll. STUDY OF CHICAGO O’HARE INTER- property, and any proceedings relating to a record or to give testimony concerning the NATIONAL AIRPORT. the property, shall be governed by section production and authentication of a record. (a) IN GENERAL.—Notwithstanding any 413 of the Comprehensive Drug Abuse and ‘‘(3) CONTEMPT.—Any failure to obey the other provision of law, if the Administrator Prevention Act of 1970 (21 U.S.C. 853) (not in- order of the court may be punished by the of the Federal Aviation Administration de- cluding subsection (d) of that section). court as a contempt of court. termines, on the basis of the Administrator’s ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This ‘‘(4) PROCESS.—All process in a case under own or a credible third party’s analysis, that section does not preempt or displace any this subsection may be served in any judicial the enactment of any provision of this Act other remedy, civil or criminal, provided by district in which the subpoenaed person may will result in— Federal or State law for the fraudulent im- be found. (1) additional delays in flight departures portation, sale, trade, installation, or intro- ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- from or flight arrivals to Chicago O’Hare duction into commerce of an aircraft or withstanding any Federal, State, or local International Airport, or space vehicle part. law, any person (including any officer, agent, (2) increased risk to public safety, ‘‘(f) TERRITORIAL SCOPE.—This section ap- or employee of a person) that receives a sub- the Administrator shall report the deter- plies to conduct occurring inside or outside poena under this section, who complies in mination to Congress within 60 days of the the United States. good faith with the subpoena and produces a date of making the determination. ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND record or material sought by a subpoena (b) CRITERIA FOR ASSESSING PUBLIC SAFE- PROCEDURES.— under this section, shall not be liable in any TY.—In assessing the impact on public safety ‘‘(1) AUTHORIZATION.— court of any State or the United States to the Administrator shall take into account ‘‘(A) SUBPOENAS.—In any investigation re- any customer or other person for the produc- air traffic control incidents, runway incur- lating to any act or activity involving an of- tion or for nondisclosure of the production to sions, near misses, and such other measures fense under this section, the Attorney Gen- the customer.’’. as the Administrator may deem appropriate. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11991

AMENDMENT NO. 1930 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport Strike page 3, line 21, through page 4, line TIONAL SLOT EXEMPTIONS. shall not take effect until 12 years after the 8. Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. AMENDMENT NO. 1931 at Chicago O’Hare International Airport shall not take effect until 5 years after the At the appropriate place, insert the fol- AMENDMENT NO. 1943 date of enactment of the Air Transportation lowing new section: At the appropriate place, insert the fol- Improvement Act. SEC. . REPORT TO CONGRESS BY THE SEC- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- RETARY OF TRANSPORTATION ON AMENDMENT NO. 1936 THE EFFECT OF THE LIFTING OF TIONAL SLOT EXEMPTIONS. THE HIGH DENSITY RULE ON COM- At the appropriate place, insert the fol- Notwithstanding any other provision of PETITION IN THE AIRLINE INDUS- lowing new section: law, any additional slot exemptions granted TRY IN THE UNITED STATES. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport The Secretary of Transportation shall TIONAL SLOT EXEMPTIONS. shall not take effect until 13 years after the issue a report, within one year of the date of Notwithstanding any other provision of date of enactment of the Air Transportation enactment of this Act, on the effect of the law, any additional slot exemptions granted Improvement Act. phase-out of the rules contained in subparts at Chicago O’Hare International Airport S and K of part 93, title 14, Code of Federal shall not take effect until 6 years after the AMENDMENT NO. 1944 Regulations on competition in the airline in- date of enactment of the Air Transportation At the appropriate place, insert the fol- dustry in the United States. Improvement Act. lowing new section: ll AMENDMENT NO. 1937 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1932 TIONAL SLOT EXEMPTIONS. At the end of the matter proposed to be in- At the appropriate place, insert the fol- Notwithstanding any other provision of serted, insert the following new section: lowing new section: law, any additional slot exemptions granted ll SEC. ll. STUDY OF CHICAGO O’HARE INTER- SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport NATIONAL AIRPORT. TIONAL SLOT EXEMPTIONS. shall not take effect until 14 years after the Notwithstanding any other provision of (a) IN GENERAL.—Notwithstanding any date of enactment of the Air Transportation law, any additional slot exemptions granted other provision of law, if the Administrator Improvement Act. of the Federal Aviation Administration de- at Chicago O’Hare International Airport shall not take effect until 7 years after the termines, on the basis of the Administrator’s AMENDMENT NO. 1945 date of enactment of the Air Transportation own or a credible third party’s analysis, that At the appropriate place, insert the fol- Improvement Act. the enactment of any provision of this Act lowing new section: will result in— ll AMENDMENT NO. 1938 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- (1) additional delays in flight departures TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- from or flight arrivals to Chicago O’Hare Notwithstanding any other provision of International Airport, or lowing new section: ll law, any additional slot exemptions granted (2) increased risk to public safety, SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. the Administrator shall report the deter- shall not take effect until 15 years after the mination to Congress within 60 days of the Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation date of making the determination. Improvement Act. (b) CRITERIA FOR ASSESSING PUBLIC SAFE- at Chicago O’Hare International Airport shall not take effect until 8 years after the TY.—In assessing the impact on public safety AMENDMENT NO. 1946 the Administrator shall take into account date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- air traffic control incidents, runway incur- lowing new section: sions, and near misses. AMENDMENT NO. 1939 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1933 At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of At the appropriate place, insert the fol- ll law, any additional slot exemptions granted lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport ll SEC. . STUDY OF CHICAGO O’HARE INTER- Notwithstanding any other provision of shall not take effect until 16 years after the NATIONAL AIRPORT. law, any additional slot exemptions granted date of enactment of the Air Transportation (a) IN GENERAL.—If the Administrator of at Chicago O’Hare International Airport Improvement Act. the Federal Aviation Administration deter- shall not take effect until 9 years after the mines, on the basis of the Administrator’s date of enactment of the Air Transportation AMENDMENT NO. 1947 own or a credible third party’s analysis, that Improvement Act. At the appropriate place, insert the fol- the enactment of any provision of this Act lowing new section: will result in— AMENDMENT NO. 1940 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- (1) additional delays in flight departures At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. from or flight arrivals to Chicago O’Hare lowing new section: Notwithstanding any other provision of International Airport, or SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted (2) increased risk to public safety, TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport the Administrator shall reimpose the high Notwithstanding any other provision of shall not take effect until 17 years after the density ruels as ineffect on the day before law, any additional slot exemptions granted date of enactment of the Air Transportation the date of enactment of this Act. at Chicago O’Hare International Airport Improvement Act. (b) CRITERIA FOR ASSESSING PUBLIC SAFE- shall not take effect until 10 years after the TY.—In assessing the impact on public safety date of enactment of the Air Transportation the Administrator shall take into account Improvement Act. air traffic control incidents, runway incur- ABRAHAM (AND LEVIN) sions, and near misses, and such other meas- AMENDMENT NO. 1941 AMENDMENT NO. 1948 ures as the Administrator shall deem appro- At the appropriate place, insert the fol- Mr. MCCAIN (for Mr. ABRAHAM (for priate. lowing new section: himself and Mr. LEVIN)) proposed an SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1934 amendment to the bill, S. 82, supra; as TIONAL SLOT EXEMPTIONS. follows: At the appropriate place, insert the fol- Notwithstanding any other provision of At the appropriate place insert the fol- lowing new section: law, any additional slot exemptions granted lowing: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 11 years after the SEC. . NONDISCRIMINATION IN THE USE OF PRI- Notwithstanding any other provision of date of enactment of the Air Transportation VATE AIRPORTS. (a) PROHIBITING DISCRIMINATION IN THE USE law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport OF PRIVATE AIRPORTS.—Chapter 401 of Sub- shall not take effect until 4 years after the AMENDMENT NO. 1942 title VII of title 49, United States Code, is amended by inserting the following new sec- date of enactment of the Air Transportation At the appropriate place, insert the fol- tion after section 40122: Improvement Act. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ‘‘§ 40123. Nondiscrimination in the Use of Pri- AMENDMENT NO. 1935 TIONAL SLOT EXEMPTIONS. vate Airports At the appropriate place, insert the fol- Notwithstanding any other provision of ‘‘(a) IN GENERAL.—Notwithstanding any lowing new section: law, any additional slot exemptions granted other provision of law, no state, county, city S11992 CONGRESSIONAL RECORD — SENATE October 5, 1999 or municipal government may prohibit the shall not take effect until 18 years after the date of enactment of the Air Transportation use or full enjoyment of a private airport date of enactment of the Air Transportation Improvement Act. within its jurisdiction by any person on the Improvement Act. basis of that person’s race, creed, color, na- AMENDMENT NO. 1959 tional origin, sex, or ancestry. AMENDMENT NO. 1952 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: WARNER (AND ROBB) AMENDMENT lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- NO. 1949 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Mr. MCCAIN (for Mr. WARNER (for Notwithstanding any other provision of law, any additional slot exemptions granted himself and Mr. ROBB)) proposed an law, any additional slot exemptions granted at Chicago O’Hare International Airport amendment to the bill, S. 82, supra; as at Chicago O’Hare International Airport shall not take effect until 26 years after the follows: shall not take effect until 19 years after the date of enactment of the Air Transportation SECTION 1. SHORT TITLE. date of enactment of the Air Transportation Improvement Act. This Act may be cited as the ‘‘Metropoli- Improvement Act. tan Airports Authority Improvement Act’’. AMENDMENT NO. 1960 AMENDMENT NO. 1953 SEC. 2. REMOVAL OF LIMITATION. At the appropriate place, insert the fol- lowing new section: Section 49106(c)(6) of title 49, United States At the appropriate place, insert the fol- ll Code, is amended— lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. (1) by striking subparagraph (C); and SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of (2) by redesignating subparagraph (D) as TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted subparagraph (C). Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport at Chicago O’Hare International Airport shall not take effect until 27 years after the GORTON AMENDMENT NO. 1950 shall not take effect until 20 years after the date of enactment of the Air Transportation Mr. MCCAIN (for Mr. GORTON) pro- date of enactment of the Air Transportation Improvement Act. posed an amendment to the bill, S. 82, Improvement Act. AMENDMENT NO. 1961 supra; as follows: AMENDMENT NO. 1954 At the appropriate place, insert the fol- SEC. 437. DISCRIMINATORY PRACTICES BY COM- lowing new section: PUTER RESERVATIONS SYSTEMS At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- OUTSIDE THE UNITED STATES. lowing new section: TIONAL SLOT EXEMPTIONS. (a) ACTIONS AGAINST DISCRIMINATORY AC- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIVITY BY FOREIGN CRS SYSTEMS.—Section law, any additional slot exemptions granted 41310 is amended by adding at the end the Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport following: shall not take effect until 28 years after the ‘‘(g) ACTIONS AGAINST DISCRIMINATORY AC- at Chicago O’Hare International Airport shall not take effect until 21 years after the date of enactment of the Air Transportation TIVITY BY FOREIGN CRS SYSTEMS.—The Sec- Improvement Act. retary of Transportation may take such ac- date of enactment of the Air Transportation Improvement Act. tions as the Secretary considers are in the AMENDMENT NO. 1962 public interest to eliminate an activity of a At the appropriate place, insert the fol- foreign air carrier that owns or markets a AMENDMENT NO. 1955 lowing new section: computer reservations system, when the Sec- At the appropriate place, insert the fol- ll retary, on the initiative of the Secretary or lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. on complaint, decides that the activity, with ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of respect to airline service— TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted ‘‘(1) is an unjustifiable or unreasonable dis- Notwithstanding any other provision of at Chicago O’Hare International Airport criminatory, predatory, or anticompetitive law, any additional slot exemptions granted shall not take effect until 29 years after the practice against a computer reservations at Chicago O’Hare International Airport date of enactment of the Air Transportation system firm; shall not take effect until 22 years after the Improvement Act. ‘‘(2) imposes an unjustifiable or unreason- date of enactment of the Air Transportation able restriction on access of such a computer Improvement Act. AMENDMENT NO. 1963 reservations system to market.’’. (b) COMPLAINTS BY CRS FIRMS.—Section AMENDMENT NO. 1956 At the appropriate place, insert the fol- 41310 is amended— lowing new section: At the appropriate place, insert the fol- ll (1) in subsection (d)(1)— lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- (A) by striking ‘‘air carrier’’ in the first TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- sentence and inserting ‘‘air carrier, com- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted puter reservations system firm,’’; Notwithstanding any other provision of (B) by striking ‘‘subsection (c)’’ and insert- at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 30 years after the ing ‘‘subsection (c) or (g)’’; and at Chicago O’Hare International Airport (C) striking ‘‘air carrier’’ in subparagraph date of enactment of the Air Transportation shall not take effect until 23 years after the Improvement Act. (B) and inserting ‘‘air carrier or computer date of enactment of the Air Transportation reservations system firm’’; and Improvement Act. (2) in subsection (e)(1) by inserting ‘‘or a AMENDMENT NO. 1964 computer reservations system firm is subject At the appropriate place, insert the fol- AMENDMENT NO. 1957 when providing services with respect to air- lowing new section: line service’’ before the period at the end of At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- the first sentence. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. FITZGERALD AMENDMENTS NOS. law, any additional slot exemptions granted Notwithstanding any other provision of at Chicago O’Hare International Airport 1951–2069 law, any additional slot exemptions granted shall not take effect until 31 years after the (Ordered to lie on the table.) at Chicago O’Hare International Airport date of enactment of the Air Transportation Mr. FITZGERALD submitted 119 shall not take effect until 24 years after the Improvement Act. amendments intended to be proposed date of enactment of the Air Transportation Improvement Act. by him to the bill S. 82, supra; as fol- AMENDMENT NO. 1965 lows: At the appropriate place, insert the fol- AMENDMENT NO. 1958 lowing new section: AMENDMENT NO. 1951 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of at Chicago O’Hare International Airport Notwithstanding any other provision of law, any additional slot exemptions granted shall not take effect until 32 years after the law, any additional slot exemptions granted at Chicago O’Hare International Airport date of enactment of the Air Transportation at Chicago O’Hare International Airport shall not take effect until 25 years after the Improvement Act. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11993

AMENDMENT NO. 1966 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. shall not take effect until 47 years after the lowing new section: Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport Notwithstanding any other provision of shall not take effect until 40 years after the AMENDMENT NO. 1981 date of enactment of the Air Transportation law, any additional slot exemptions granted At the appropriate place, insert the fol- Improvement Act. at Chicago O’Hare International Airport lowing new section: shall not take effect until 33 years after the ll AMENDMENT NO. 1974 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Improvement Act. Notwithstanding any other provision of lowing new section: ll law, any additional slot exemptions granted AMENDMENT NO. 1967 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of shall not take effect until 48 years after the lowing new section: date of enactment of the Air Transportation ll law, any additional slot exemptions granted SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport Improvement Act. TIONAL SLOT EXEMPTIONS. shall not take effect until 41 years after the Notwithstanding any other provision of AMENDMENT NO. 1982 law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- at Chicago O’Hare International Airport lowing new section: shall not take effect until 34 years after the AMENDMENT NO. 1975 ll date of enactment of the Air Transportation SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any additional slot exemptions granted AMENDMENT NO. 1968 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport At the appropriate place, insert the fol- Notwithstanding any other provision of shall not take effect until 49 years after the lowing new section: law, any additional slot exemptions granted date of enactment of the Air Transportation ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport Improvement Act. TIONAL SLOT EXEMPTIONS. shall not take effect until 42 years after the Notwithstanding any other provision of date of enactment of the Air Transportation AMENDMENT NO. 1983 law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 35 years after the lowing new section: AMENDMENT NO. 1976 date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of ll AMENDMENT NO. 1969 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- at Chicago O’Hare International Airport Notwithstanding any other provision of shall not take effect until 50 years after the lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation at Chicago O’Hare International Airport Improvement Act. TIONAL SLOT EXEMPTIONS. shall not take effect until 43 years after the Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted AMENDMENT NO. 1984 Improvement Act. at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 36 years after the AMENDMENT NO. 1977 lowing new section: date of enactment of the Air Transportation At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. ll Notwithstanding any other provision of AMENDMENT NO. 1970 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted At the appropriate place, insert the fol- Notwithstanding any other provision of at Chicago O’Hare International Airport lowing new section: law, any additional slot exemptions granted shall not take effect until 51 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. shall not take effect until 44 years after the Improvement Act. Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. AMENDMENT NO. 1985 at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 37 years after the AMENDMENT NO. 1978 lowing new section: date of enactment of the Air Transportation At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 1971 TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted At the appropriate place, insert the fol- Notwithstanding any other provision of at Chicago O’Hare International Airport lowing new section: law, any additional slot exemptions granted shall not take effect until 52 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. shall not take effect until 45 years after the Improvement Act. Notwithstanding any other provision of date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. AMENDMENT NO. 1986 at Chicago O’Hare International Airport At the appropriate place, insert the fol- shall not take effect until 38 years after the AMENDMENT NO. 1979 date of enactment of the Air Transportation lowing new section: At the appropriate place, insert the fol- ll Improvement Act. lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 1972 TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of law, any additional slot exemptions granted lowing new section: law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 53 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 46 years after the date of enactment of the Air Transportation Notwithstanding any other provision of date of enactment of the Air Transportation Improvement Act. law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport AMENDMENT NO. 1987 shall not take effect until 39 years after the AMENDMENT NO. 1980 At the appropriate place, insert the fol- date of enactment of the Air Transportation At the appropriate place, insert the fol- lowing new section: Improvement Act. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1973 TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of At the appropriate place, insert the fol- Notwithstanding any other provision of law, any additional slot exemptions granted lowing new section: law, any additional slot exemptions granted at Chicago O’Hare International Airport S11994 CONGRESSIONAL RECORD — SENATE October 5, 1999 shall not take effect until 54 years after the date of enactment of the Air Transportation AMENDMENT NO. 2002 date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Improvement Act. lowing new section: AMENDMENT NO. 1995 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1988 At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of shall not take effect until 69 years after the Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation law, any additional slot exemptions granted at Chicago O’Hare International Airport Improvement Act. at Chicago O’Hare International Airport shall not take effect until 62 years after the shall not take effect until 55 years after the date of enactment of the Air Transportation AMENDMENT NO. 2003 date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Improvement Act. lowing new section: AMENDMENT NO. 1996 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1989 At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted at Chicago O’Hare International Airport ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 70 years after the TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of date of enactment of the Air Transportation Notwithstanding any other provision of law, any additional slot exemptions granted Improvement Act. law, any additional slot exemptions granted at Chicago O’Hare International Airport at Chicago O’Hare International Airport shall not take effect until 63 years after the AMENDMENT NO. 2004 shall not take effect until 56 years after the date of enactment of the Air Transportation At the appropriate place, insert the fol- date of enactment of the Air Transportation Improvement Act. lowing new section: Improvement Act. AMENDMENT NO. 1997 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1990 At the appropriate place, insert the fol- Notwithstanding any other provision of At the appropriate place, insert the fol- lowing new section: ll law, any additional slot exemptions granted lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 71 years after the TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation Notwithstanding any other provision of Improvement Act. law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 64 years after the at Chicago O’Hare International Airport AMENDMENT NO. 2005 shall not take effect until 57 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- date of enactment of the Air Transportation lowing new section: Improvement Act. ll AMENDMENT NO. 1998 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1991 At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: At the appropriate place, insert the fol- law, any additional slot exemptions granted ll lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. ll shall not take effect until 72 years after the SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation law, any additional slot exemptions granted Notwithstanding any other provision of Improvement Act. at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 65 years after the at Chicago O’Hare International Airport AMENDMENT NO. 2006 date of enactment of the Air Transportation shall not take effect until 58 years after the At the appropriate place, insert the fol- Improvement Act. date of enactment of the Air Transportation lowing new section: Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 1999 TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 1992 At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted At the appropriate place, insert the fol- ll lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 73 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. Notwithstanding any other provision of at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 66 years after the AMENDMENT NO. 2007 at Chicago O’Hare International Airport date of enactment of the Air Transportation At the appropriate place, insert the fol- shall not take effect until 59 years after the Improvement Act. date of enactment of the Air Transportation lowing new section: Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2000 TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of AMENDMENT NO. 1993 lowing new section: law, any additional slot exemptions granted At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport lowing new section: TIONAL SLOT EXEMPTIONS. shall not take effect until 74 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted Improvement Act. Notwithstanding any other provision of at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 67 years after the AMENDMENT NO. 2008 at Chicago O’Hare International Airport date of enactment of the Air Transportation At the appropriate place, insert the fol- shall not take effect until 60 years after the Improvement Act. lowing new section: date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. AMENDMENT NO. 2001 TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of AMENDMENT NO. 1994 lowing new section: law, any additional slot exemptions granted At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport lowing new section: TIONAL SLOT EXEMPTIONS. shall not take effect until 75 years after the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted Improvement Act. Notwithstanding any other provision of at Chicago O’Hare International Airport law, any additional slot exemptions granted shall not take effect until 68 years after the AMENDMENT NO. 2009 at Chicago O’Hare International Airport date of enactment of the Air Transportation At the appropriate place, insert the fol- shall not take effect until 61 years after the Improvement Act. lowing new section: October 5, 1999 CONGRESSIONAL RECORD — SENATE S11995 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport shall not take effect until 90 years after the TIONAL SLOT EXEMPTIONS. shall not take effect until 83 years after the date of enactment of the Air Transportation Notwithstanding any other provision of date of enactment of the Air Transportation Improvement Act. law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport AMENDMENT NO. 2024 shall not take effect until 76 years after the AMENDMENT NO. 2017 At the appropriate place, insert the fol- date of enactment of the Air Transportation At the appropriate place, insert the fol- lowing new section: Improvement Act. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ll TIONAL SLOT EXEMPTIONS. AMENDMENT NO. 2010 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of At the appropriate place, insert the fol- Notwithstanding any other provision of law, any additional slot exemptions granted lowing new section: ll law, any additional slot exemptions granted at Chicago O’Hare International Airport SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport shall not take effect until 91 years after the TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of shall not take effect until 84 years after the date of enactment of the Air Transportation law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. at Chicago O’Hare International Airport Improvement Act. shall not take effect until 77 years after the AMENDMENT NO. 2025 date of enactment of the Air Transportation AMENDMENT NO. 2018 At the appropriate place, insert the fol- Improvement Act. At the appropriate place, insert the fol- lowing new section: lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2011 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport shall not take effect until 92 years after the Notwithstanding any other provision of shall not take effect until 85 years after the date of enactment of the Air Transportation law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. at Chicago O’Hare International Airport Improvement Act. shall not take effect until 78 years after the AMENDMENT NO. 2026 date of enactment of the Air Transportation AMENDMENT NO. 2019 At the appropriate place, insert the fol- Improvement Act. At the appropriate place, insert the fol- lowing new section: lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2012 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport shall not take effect until 93 years after the Notwithstanding any other provision of shall not take effect until 86 years after the date of enactment of the Air Transportation law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. at Chicago O’Hare International Airport Improvement Act. shall not take effect until 79 years after the AMENDMENT NO. 2027 date of enactment of the Air Transportation AMENDMENT NO. 2020 Improvement Act. At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2013 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Notwithstanding any other provision of law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 94 years after the law, any additional slot exemptions granted shall not take effect until 87 years after the date of enactment of the Air Transportation at Chicago O’Hare International Airport date of enactment of the Air Transportation Improvement Act. shall not take effect until 80 years after the Improvement Act. date of enactment of the Air Transportation AMENDMENT NO. 2028 Improvement Act. AMENDMENT NO. 2021 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2014 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 95 years after the law, any additional slot exemptions granted shall not take effect until 88 years after the date of enactment of the Air Transportation at Chicago O’Hare International Airport date of enactment of the Air Transportation Improvement Act. shall not take effect until 81 years after the Improvement Act. date of enactment of the Air Transportation AMENDMENT NO. 2029 Improvement Act. AMENDMENT NO. 2022 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2015 lowing new section: ll At the appropriate place, insert the fol- SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- ll TIONAL SLOT EXEMPTIONS. lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 96 years after the at Chicago O’Hare International Airport shall not take effect until 89 years after the date of enactment of the Air Transportation shall not take effect until 82 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2030 AMENDMENT NO. 2023 At the appropriate place, insert the fol- AMENDMENT NO. 2016 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 97 years after the S11996 CONGRESSIONAL RECORD — SENATE October 5, 1999 date of enactment of the Air Transportation AMENDMENT NO. 2038 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted AMENDMENT NO. 2031 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport lowing new section: Notwithstanding any other provision of shall not take effect until 112 years after the date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport Improvement Act. Notwithstanding any other provision of shall not take effect until 105 years after the AMENDMENT NO. 2046 law, any additional slot exemptions granted date of enactment of the Air Transportation at Chicago O’Hare International Airport Improvement Act. At the appropriate place, insert the fol- shall not take effect until 98 years after the lowing new section: ll date of enactment of the Air Transportation AMENDMENT NO. 2039 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted AMENDMENT NO. 2032 ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- shall not take effect until 113 years after the lowing new section: Notwithstanding any other provision of law, any additional slot exemptions granted date of enactment of the Air Transportation SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. TIONAL SLOT EXEMPTIONS. at Chicago O’Hare International Airport shall not take effect until 106 years after the Notwithstanding any other provision of AMENDMENT NO. 2047 law, any additional slot exemptions granted date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- at Chicago O’Hare International Airport lowing new section: shall not take effect until 99 years after the ll AMENDMENT NO. 2040 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Improvement Act. Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted ll AMENDMENT NO. 2033 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- shall not take effect until 114 years after the Notwithstanding any other provision of lowing new section: date of enactment of the Air Transportation law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Improvement Act. at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 107 years after the Notwithstanding any other provision of AMENDMENT NO. 2048 date of enactment of the Air Transportation law, any additional slot exemptions granted At the appropriate place, insert the fol- Improvement Act. at Chicago O’Hare International Airport lowing new section: shall not take effect until 100 years after the ll AMENDMENT NO. 2041 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted ll AMENDMENT NO. 2034 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 115 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of date of enactment of the Air Transportation lowing new section: law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 108 years after the AMENDMENT NO. 2049 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport lowing new section: ll shall not take effect until 101 years after the AMENDMENT NO. 2042 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation At the appropriate place, insert the fol- Improvement Act. Notwithstanding any other provision of lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2035 at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 116 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: date of enactment of the Air Transportation law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 109 years after the AMENDMENT NO. 2050 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. at Chicago O’Hare International Airport lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 102 years after the AMENDMENT NO. 2043 date of enactment of the Air Transportation TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of Improvement Act. lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport AMENDMENT NO. 2036 TIONAL SLOT EXEMPTIONS. shall not take effect until 117 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of date of enactment of the Air Transportation lowing new section: law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 110 years after the AMENDMENT NO. 2051 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. lowing new section: at Chicago O’Hare International Airport SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 103 years after the AMENDMENT NO. 2044 TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation At the appropriate place, insert the fol- Notwithstanding any other provision of Improvement Act. lowing new section: law, any additional slot exemptions granted SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport AMENDMENT NO. 2037 TIONAL SLOT EXEMPTIONS. shall not take effect until 118 years after the At the appropriate place, insert the fol- Notwithstanding any other provision of date of enactment of the Air Transportation lowing new section: law, any additional slot exemptions granted Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- at Chicago O’Hare International Airport TIONAL SLOT EXEMPTIONS. shall not take effect until 111 years after the AMENDMENT NO. 2052 Notwithstanding any other provision of date of enactment of the Air Transportation At the appropriate place, insert the fol- law, any additional slot exemptions granted Improvement Act. lowing new section: at Chicago O’Hare International Airport SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- shall not take effect until 104 years after the AMENDMENT NO. 2045 TIONAL SLOT EXEMPTIONS. date of enactment of the Air Transportation At the appropriate place, insert the fol- Notwithstanding any other provision of Improvement Act. lowing new section: law, any additional slot exemptions granted October 5, 1999 CONGRESSIONAL RECORD — SENATE S11997 at Chicago O’Hare International Airport shall not take effect until 126 years after the date of enactment of the Air Transportation shall not take effect until 119 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2067 AMENDMENT NO. 2060 At the appropriate place, insert the fol- AMENDMENT NO. 2053 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 134 years after the at Chicago O’Hare International Airport shall not take effect until 127 years after the date of enactment of the Air Transportation shall not take effect until 120 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2068 AMENDMENT NO. 2061 At the appropriate place, insert the fol- AMENDMENT NO. 2054 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 135 years after the at Chicago O’Hare International Airport shall not take effect until 128 years after the date of enactment of the Air Transportation shall not take effect until 121 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2069 AMENDMENT NO. 2062 At the appropriate place, insert the fol- AMENDMENT NO. 2055 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any additional slot exemptions granted Notwithstanding any other provision of law, any additional slot exemptions granted at Chicago O’Hare International Airport law, any additional slot exemptions granted at Chicago O’Hare International Airport shall not take effect until 136 years after the at Chicago O’Hare International Airport shall not take effect until 129 years after the date of enactment of the Air Transportation shall not take effect until 122 years after the date of enactment of the Air Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. HELMS (AND SANTORUM) AMENDMENT NO. 2063 AMENDMENT NO. 2070 AMENDMENT NO. 2056 At the appropriate place, insert the fol- Mr. MCCAIN (for Mr. HELMS (for him- At the appropriate place, insert the fol- lowing new section: self and Mr. SANTORUM)) proposed an lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- amendment to amendment No. 1892 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. proposed by Mr. GORTON to the bill, S. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Notwithstanding any other provision of law, any additional slot exemptions granted 82, supra; as follows: law, any additional slot exemptions granted at Chicago O’Hare International Airport In the pending amendment on page 13, line at Chicago O’Hare International Airport shall not take effect until 130 years after the 9 strike the words ‘‘of such carriers’’. shall not take effect until 123 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. INHOFE AMENDMENT NO. 2071 Improvement Act. Mr. MCCAIN (for Mr. INHOFE) pro- AMENDMENT NO. 2064 posed an amendment to the bill, S. 82, AMENDMENT NO. 2057 At the appropriate place, insert the fol- supra; as follows: At the appropriate place, insert the fol- lowing new section: On page 132, line 4, strike ‘‘is authorized lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- to’’ and insert ‘‘shall’’. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Notwithstanding any other provision of law, any additional slot exemptions granted FITZGERALD AMENDMENTS NOS. law, any additional slot exemptions granted at Chicago O’Hare International Airport 2072–2235 at Chicago O’Hare International Airport shall not take effect until 131 years after the (Ordered to lie on the table.) shall not take effect until 124 years after the date of enactment of the Air Transportation Mr. FITZGERALD submitted 164 date of enactment of the Air Transportation Improvement Act. amendments intended to be proposed Improvement Act. by him to the bill, S. 82, supra; as fol- AMENDMENT NO. 2065 lows: AMENDMENT NO. 2058 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2072 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 132 years after the law, any additional slot exemptions granted shall not take effect until 125 years after the date of enactment of the Air Transportation at Chicago O’Hare International Airport date of enactment of the Air Transportation Improvement Act. shall not take effect until 137 years after the Improvement Act. date of enactment of the Air Transportation AMENDMENT NO. 2066 Improvement Act. AMENDMENT NO. 2059 At the appropriate place, insert the fol- At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2073 lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of law, any additional slot exemptions granted TIONAL SLOT EXEMPTIONS. law, any additional slot exemptions granted at Chicago O’Hare International Airport Notwithstanding any other provision of at Chicago O’Hare International Airport shall not take effect until 133 years after the law, any additional slot exemptions granted S11998 CONGRESSIONAL RECORD — SENATE October 5, 1999 at Chicago O’Hare International Airport shall not take effect until 145 years after the years after the date of enactment of the Air shall not take effect until 138 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2088 AMENDMENT NO. 2081 At the appropriate place, insert the fol- AMENDMENT NO. 2074 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- law, any additional slot exemptions granted at Chicago O’Hare International Airport national Airport shall not take effect until 5 at Chicago O’Hare International Airport shall not take effect until 146 years after the years after the date of enactment of the Air shall not take effect until 139 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2089 AMENDMENT NO. 2082 At the appropriate place, insert the fol- AMENDMENT NO. 2075 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- law, any additional slot exemptions granted at Chicago O’Hare International Airport national Airport shall not take effect until 6 at Chicago O’Hare International Airport shall not take effect until 147 years after the years after the date of enactment of the Air shall not take effect until 140 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2090 AMENDMENT NO. 2083 At the appropriate place, insert the fol- AMENDMENT NO. 2076 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- law, any additional slot exemptions granted at Chicago O’Hare International Airport national Airport shall not take effect until 7 at Chicago O’Hare International Airport shall not take effect until 148 years after the years after the date of enactment of the Air shall not take effect until 141 years after the date of enactment of the Air Transportation Transportation Improvement Act. date of enactment of the Air Transportation Improvement Act. Improvement Act. AMENDMENT NO. 2091 AMENDMENT NO. 2084 At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2077 At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any additional slot exemptions granted national Airport shall not take effect until 8 law, any additional slot exemptions granted at Chicago O’Hare International Airport years after the date of enactment of the Air at Chicago O’Hare International Airport shall not take effect until 149 years after the Transportation Improvement Act. shall not take effect until 142 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2092 Improvement Act. AMENDMENT NO. 2085 At the appropriate place, insert the fol- AMENDMENT NO. 2078 lowing new section: At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any additional slot exemptions granted national Airport shall not take effect until 9 law, any additional slot exemptions granted at Chicago O’Hare International Airport years after the date of enactment of the Air at Chicago O’Hare International Airport shall not take effect until 150 years after the Transportation Improvement Act. shall not take effect until 143 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2093 Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2086 lowing new section: AMENDMENT NO. 2079 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any additional slot exemptions granted national Airport shall not take effect until law, any additional slot exemptions granted at Chicago O’Hare International Airport 10 years after the date of enactment of the at Chicago O’Hare International Airport shall not take effect until 151 years after the Air Transportation Improvement Act. shall not take effect until 144 years after the date of enactment of the Air Transportation date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2094 Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2087 lowing new section: AMENDMENT NO. 2080 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any additional slot exemptions granted Density Rule at Chicago O’Hare Inter- 11 years after the date of enactment of the at Chicago O’Hare International Airport national Airport shall not take effect until 4 Air Transportation Improvement Act. October 5, 1999 CONGRESSIONAL RECORD — SENATE S11999

AMENDMENT NO. 2095 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until lowing new section: Notwithstanding any other provision of 26 years after the date of enactment of the law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2110 law, any provision to eliminate the High 19 years after the date of enactment of the At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. lowing new section: national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2103 12 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2096 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of lowing new section: 27 years after the date of enactment of the law, any provision to eliminate the High ll Air Transportation Improvement Act. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2111 law, any provision to eliminate the High 20 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2104 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 13 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2097 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 28 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 21 years after the date of enactment of the AMENDMENT NO. 2112 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2105 ll 14 years after the date of enactment of the SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2098 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 29 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 22 years after the date of enactment of the AMENDMENT NO. 2113 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2106 15 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of ll AMENDMENT NO. 2099 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: national Airport shall not take effect until law, any provision to eliminate the High 30 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 23 years after the date of enactment of the AMENDMENT NO. 2114 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2107 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 16 years after the date of enactment of the At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2100 law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 31 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 24 years after the date of enactment of the AMENDMENT NO. 2115 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2108 lowing new section: 17 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2101 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- 32 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Air Transportation Improvement Act. Notwithstanding any other provision of 25 years after the date of enactment of the law, any provision to eliminate the High Air Transportation Improvement Act. AMENDMENT NO. 2116 Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2109 lowing new section: 18 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 2102 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until S12000 CONGRESSIONAL RECORD — SENATE October 5, 1999

33 years after the date of enactment of the AMENDMENT NO. 2124 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2117 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- lowing new section: Notwithstanding any other provision of national Airport shall not take effect until 48 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2132 law, any provision to eliminate the High 41 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. At the appropriate place, insert the fol- national Airport shall not take effect until lowing new section: 34 years after the date of enactment of the AMENDMENT NO. 2125 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2118 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until lowing new section: Notwithstanding any other provision of 49 years after the date of enactment of the ll law, any provision to eliminate the High SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2133 law, any provision to eliminate the High 42 years after the date of enactment of the At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. lowing new section: national Airport shall not take effect until ll 35 years after the date of enactment of the AMENDMENT NO. 2126 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2119 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of national Airport shall not take effect until lowing new section: 50 years after the date of enactment of the ll law, any provision to eliminate the High SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2134 law, any provision to eliminate the High 43 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2127 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 36 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2120 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 51 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 44 years after the date of enactment of the AMENDMENT NO. 2135 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2128 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 37 years after the date of enactment of the At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High AMENDMENT NO. 2121 TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 52 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 45 years after the date of enactment of the AMENDMENT NO. 2136 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2129 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 38 years after the date of enactment of the At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High AMENDMENT NO. 2122 TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 53 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2137 Notwithstanding any other provision of 46 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2130 TIONAL SLOT EXEMPTIONS. 39 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- AMENDMENT NO. 2123 TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 54 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2138 Notwithstanding any other provision of 47 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2131 TIONAL SLOT EXEMPTIONS. 40 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High October 5, 1999 CONGRESSIONAL RECORD — SENATE S12001 Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 69 years after the date of enactment of the national Airport shall not take effect until 62 years after the date of enactment of the Air Transportation Improvement Act. 55 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2153 AMENDMENT NO. 2146 At the appropriate place, insert the fol- AMENDMENT NO. 2139 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 70 years after the date of enactment of the national Airport shall not take effect until 63 years after the date of enactment of the Air Transportation Improvement Act. 56 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2154 AMENDMENT NO. 2147 At the appropriate place, insert the fol- AMENDMENT NO. 2140 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 71 years after the date of enactment of the national Airport shall not take effect until 64 years after the date of enactment of the Air Transportation Improvement Act. 57 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2155 AMENDMENT NO. 2148 At the appropriate place, insert the fol- AMENDMENT NO. 2141 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 72 years after the date of enactment of the national Airport shall not take effect until 65 years after the date of enactment of the Air Transportation Improvement Act. 58 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2156 AMENDMENT NO. 2149 At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2142 At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 73 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 66 years after the date of enactment of the 59 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2157 Air Transportation Improvement Act. AMENDMENT NO. 2150 At the appropriate place, insert the fol- AMENDMENT NO. 2143 lowing new section: At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 74 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 67 years after the date of enactment of the 60 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2158 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2151 lowing new section: AMENDMENT NO. 2144 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 75 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 68 years after the date of enactment of the 61 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2159 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2152 lowing new section: AMENDMENT NO. 2145 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 76 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. S12002 CONGRESSIONAL RECORD — SENATE October 5, 1999

AMENDMENT NO. 2160 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until lowing new section: Notwithstanding any other provision of 91 years after the date of enactment of the law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2175 law, any provision to eliminate the High 84 years after the date of enactment of the At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. lowing new section: national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2168 77 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2161 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of lowing new section: 92 years after the date of enactment of the law, any provision to eliminate the High ll Air Transportation Improvement Act. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2176 law, any provision to eliminate the High 85 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2169 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 78 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2162 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 93 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 86 years after the date of enactment of the AMENDMENT NO. 2177 law, any provision to eliminate the High Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2170 ll 79 years after the date of enactment of the SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. lowing new section: Notwithstanding any other provision of ll law, any provision to eliminate the High AMENDMENT NO. 2163 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 94 years after the date of enactment of the ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 87 years after the date of enactment of the AMENDMENT NO. 2178 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2171 80 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of ll AMENDMENT NO. 2164 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: national Airport shall not take effect until law, any provision to eliminate the High 95 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 88 years after the date of enactment of the AMENDMENT NO. 2179 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- lowing new section: national Airport shall not take effect until AMENDMENT NO. 2172 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- 81 years after the date of enactment of the At the appropriate place, insert the fol- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2165 law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- Notwithstanding any other provision of national Airport shall not take effect until lowing new section: law, any provision to eliminate the High 96 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of 89 years after the date of enactment of the AMENDMENT NO. 2180 law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2173 lowing new section: 82 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2166 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- 97 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Air Transportation Improvement Act. Notwithstanding any other provision of 90 years after the date of enactment of the law, any provision to eliminate the High Air Transportation Improvement Act. AMENDMENT NO. 2181 Density Rule at Chicago O’Hare Inter- At the appropriate place, insert the fol- national Airport shall not take effect until AMENDMENT NO. 2174 lowing new section: 83 years after the date of enactment of the At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. lowing new section: TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of AMENDMENT NO. 2167 TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High At the appropriate place, insert the fol- Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- lowing new section: law, any provision to eliminate the High national Airport shall not take effect until October 5, 1999 CONGRESSIONAL RECORD — SENATE S12003

98 years after the date of enactment of the AMENDMENT NO. 2189 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High AMENDMENT NO. 2182 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- lowing new section: Notwithstanding any other provision of national Airport shall not take effect until 113 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. Notwithstanding any other provision of national Airport shall not take effect until AMENDMENT NO. 2197 law, any provision to eliminate the High 106 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. At the appropriate place, insert the fol- national Airport shall not take effect until lowing new section: ll 99 years after the date of enactment of the AMENDMENT NO. 2190 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High AMENDMENT NO. 2183 ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- national Airport shall not take effect until lowing new section: Notwithstanding any other provision of law, any provision to eliminate the High 114 years after the date of enactment of the SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2198 law, any provision to eliminate the High 107 years after the date of enactment of the Air Transportation Improvement Act. At the appropriate place, insert the fol- Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until ll AMENDMENT NO. 2191 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- 100 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Air Transportation Improvement Act. Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2184 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- national Airport shall not take effect until Notwithstanding any other provision of lowing new section: 115 years after the date of enactment of the law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until Notwithstanding any other provision of AMENDMENT NO. 2199 108 years after the date of enactment of the law, any provision to eliminate the High At the appropriate place, insert the fol- Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- lowing new section: national Airport shall not take effect until ll AMENDMENT NO. 2192 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- 101 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. Air Transportation Improvement Act. At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High ll AMENDMENT NO. 2185 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 116 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2200 Notwithstanding any other provision of 109 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- lowing new section: ll national Airport shall not take effect until AMENDMENT NO. 2193 SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. 102 years after the date of enactment of the At the appropriate place, insert the fol- Air Transportation Improvement Act. Notwithstanding any other provision of lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- AMENDMENT NO. 2186 Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of lowing new section: 117 years after the date of enactment of the law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2201 Notwithstanding any other provision of 110 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. Density Rule at Chicago O’Hare Inter- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2194 103 years after the date of enactment of the TIONAL SLOT EXEMPTIONS. At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- AMENDMENT NO. 2187 TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 118 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2202 Notwithstanding any other provision of 111 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2195 TIONAL SLOT EXEMPTIONS. 104 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- AMENDMENT NO. 2188 TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until At the appropriate place, insert the fol- Notwithstanding any other provision of 119 years after the date of enactment of the lowing new section: law, any provision to eliminate the High Air Transportation Improvement Act. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Density Rule at Chicago O’Hare Inter- TIONAL SLOT EXEMPTIONS. national Airport shall not take effect until AMENDMENT NO. 2203 Notwithstanding any other provision of 112 years after the date of enactment of the At the appropriate place, insert the fol- law, any provision to eliminate the High Air Transportation Improvement Act. lowing new section: Density Rule at Chicago O’Hare Inter- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- national Airport shall not take effect until AMENDMENT NO. 2196 TIONAL SLOT EXEMPTIONS. 105 years after the date of enactment of the At the appropriate place, insert the fol- Notwithstanding any other provision of Air Transportation Improvement Act. lowing new section: law, any provision to eliminate the High S12004 CONGRESSIONAL RECORD — SENATE October 5, 1999 Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 134 years after the date of enactment of the national Airport shall not take effect until 127 years after the date of enactment of the Air Transportation Improvement Act. 120 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2218 AMENDMENT NO. 2211 At the appropriate place, insert the fol- AMENDMENT NO. 2204 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 135 years after the date of enactment of the national Airport shall not take effect until 128 years after the date of enactment of the Air Transportation Improvement Act. 121 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2219 AMENDMENT NO. 2212 At the appropriate place, insert the fol- AMENDMENT NO. 2205 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 136 years after the date of enactment of the national Airport shall not take effect until 129 years after the date of enactment of the Air Transportation Improvement Act. 122 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2220 AMENDMENT NO. 2213 At the appropriate place, insert the fol- AMENDMENT NO. 2206 At the appropriate place, insert the fol- lowing new section: At the appropriate place, insert the fol- lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of law, any provision to eliminate the High Notwithstanding any other provision of law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until 137 years after the date of enactment of the national Airport shall not take effect until 130 years after the date of enactment of the Air Transportation Improvement Act. 123 years after the date of enactment of the Air Transportation Improvement Act. Air Transportation Improvement Act. AMENDMENT NO. 2221 AMENDMENT NO. 2214 At the appropriate place, insert the fol- lowing new section: AMENDMENT NO. 2207 At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of ll TIONAL SLOT EXEMPTIONS. SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 138 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 131 years after the date of enactment of the 124 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2222 Air Transportation Improvement Act. AMENDMENT NO. 2215 At the appropriate place, insert the fol- AMENDMENT NO. 2208 lowing new section: At the appropriate place, insert the fol- ll At the appropriate place, insert the fol- lowing new section: SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. lowing new section: ll SEC. . EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 139 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 132 years after the date of enactment of the 125 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2223 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2216 lowing new section: AMENDMENT NO. 2209 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 140 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. national Airport shall not take effect until 133 years after the date of enactment of the 126 years after the date of enactment of the Air Transportation Improvement Act. AMENDMENT NO. 2224 Air Transportation Improvement Act. At the appropriate place, insert the fol- AMENDMENT NO. 2217 lowing new section: AMENDMENT NO. 2210 At the appropriate place, insert the fol- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- At the appropriate place, insert the fol- lowing new section: TIONAL SLOT EXEMPTIONS. lowing new section: SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- Notwithstanding any other provision of SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. law, any provision to eliminate the High TIONAL SLOT EXEMPTIONS. Notwithstanding any other provision of Density Rule at Chicago O’Hare Inter- Notwithstanding any other provision of law, any provision to eliminate the High national Airport shall not take effect until law, any provision to eliminate the High Density Rule at Chicago O’Hare Inter- 141 years after the date of enactment of the Density Rule at Chicago O’Hare Inter- national Airport shall not take effect until Air Transportation Improvement Act. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12005

AMENDMENT NO. 2225 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ‘‘(A) any time from the moment at which At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. all the external doors of an aircraft are lowing new section: Notwithstanding any other provision of closed following embarkation until the mo- law, any provision to eliminate the High SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ment when any such door is opened for dis- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- embarkation; and Notwithstanding any other provision of national Airport shall not take effect until ‘‘(B) in the case of a forced landing, until law, any provision to eliminate the High 148 years after the date of enactment of the competent authorities take over the respon- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. sibility for the aircraft and the persons and national Airport shall not take effect until property on board. AMENDMENT NO. 2233 141 years after the date of enactment of the ‘‘(5) IN SERVICE.—The term ‘in service’ Air Transportation Improvement Act. At the appropriate place, insert the fol- means— lowing new section: ‘‘(A) any time from the beginning of pre- AMENDMENT NO. 2226 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- flight preparation of an aircraft by ground At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. personnel or by the crew for a specific flight lowing new section: Notwithstanding any other provision of until 24 hours after any landing; and law, any provision to eliminate the High ‘‘(B) in any event includes the entire pe- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- riod during which the aircraft is in flight. Notwithstanding any other provision of national Airport shall not take effect until ‘‘(6) MOTOR VEHICLE.—The term ‘motor ve- law, any provision to eliminate the High 149 years after the date of enactment of the hicle’ means every description of carriage or Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. other contrivance propelled or drawn by me- national Airport shall not take effect until chanical power and used for commercial pur- AMENDMENT NO. 2234 142 years after the date of enactment of the poses on the highways in the transportation Air Transportation Improvement Act. At the appropriate place, insert the fol- of passengers, passengers and property, or lowing new section: property or cargo. AMENDMENT NO. 2227 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- ‘‘(7) PART.—The term ‘part’ means a frame, At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. assembly, component, appliance, engine, pro- lowing new section: Notwithstanding any other provision of peller, material, part, spare part, piece, sec- SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High tion, or related integral or auxiliary equip- TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- ment. Notwithstanding any other provision of national Airport shall not take effect until ‘‘(8) SPACE VEHICLE.—The term ‘space vehi- law, any provision to eliminate the High 150 years after the date of enactment of the cle’ means a man-made device, either Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. manned or unmanned, designed for operation national Airport shall not take effect until beyond the Earth’s atmosphere. 143 years after the date of enactment of the AMENDMENT NO. 2235 ‘‘(9) STATE.—The term ‘State’ means a Air Transportation Improvement Act. At the appropriate place, insert the fol- State of the United States, the District of lowing new section: Columbia, and any commonwealth, territory, AMENDMENT NO. 2228 SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- or possession of the United States. At the appropriate place, insert the fol- TIONAL SLOT EXEMPTIONS. ‘‘(10) USED FOR COMMERCIAL PURPOSES.— lowing new section: Notwithstanding any other provision of The term ‘used for commercial purposes’ SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- law, any provision to eliminate the High means the carriage of persons or property for TIONAL SLOT EXEMPTIONS. Density Rule at Chicago O’Hare Inter- any fare, fee, rate, charge or other consider- Notwithstanding any other provision of national Airport shall not take effect until ation, or directly or indirectly in connection law, any provision to eliminate the High 151 years after the date of enactment of the with any business, or other undertaking in- Density Rule at Chicago O’Hare Inter- Air Transportation Improvement Act. tended for profit. national Airport shall not take effect until ‘‘(b) TERMS DEFINED IN OTHER LAW.—In 144 years after the date of enactment of the HATCH (AND OTHERS) this chapter, the terms ‘aircraft engine’, ‘air Air Transportation Improvement Act. navigation facility’, ‘appliance’, ‘civil air- AMENDMENT NO. 2236 craft’, ‘foreign air commerce’, ‘interstate air AMENDMENT NO. 2229 (Ordered to lie on the table.) commerce’, ‘landing area’, ‘overseas air com- At the appropriate place, insert the fol- Mr. HATCH (for himself, Mr. LEAHY, merce’, ‘propeller’, ‘spare part’, and ‘special lowing new section: and Mr. THURMOND) submitted an aircraft jurisdiction of the United States’ SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- amendment intended to be proposed by have the meanings given those terms in sec- TIONAL SLOT EXEMPTIONS. them to the bill S. 82, supra; as follows: tions 40102(a) and 46501 of title 49.’’. Notwithstanding any other provision of (c) FRAUD.— law, any provision to eliminate the High At the appropriate place, insert the fol- (1) IN GENERAL.—Chapter 2 of title 18, Density Rule at Chicago O’Hare Inter- lowing: United States Code, is amended by adding at national Airport shall not take effect until SEC. ll. PREVENTION OF FRAUDS INVOLVING the end the following: AIRCRAFT OR SPACE VEHICLE 145 years after the date of enactment of the ‘‘§ 38. Fraud involving aircraft or space vehi- Air Transportation Improvement Act. PARTS IN INTERSTATE OR FOREIGN COMMERCE. cle parts in interstate or foreign commerce (a) SHORT TITLE.—This section may be ‘‘(a) OFFENSES.—A person that, in or affect- AMENDMENT NO. 2230 cited as the ‘‘Aircraft Safety Act of 1999’’. ing interstate or foreign commerce, At the appropriate place, insert the fol- (b) DEFINITIONS.—Section 31 of title 18, knowingly— lowing new section: United States Code, is amended by striking ‘‘(1)(A) falsifies or conceals a material fact; SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- all after the section heading and inserting ‘‘(B) makes any materially fraudulent rep- TIONAL SLOT EXEMPTIONS. the following: resentation; or Notwithstanding any other provision of ‘‘(a) IN GENERAL.— ‘‘(C) makes or uses any materially false law, any provision to eliminate the High ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means writing, entry, certification, document, Density Rule at Chicago O’Hare Inter- a civil, military, or public contrivance in- record, data plate, label, or electronic com- national Airport shall not take effect until vented, used, or designed to navigate, fly, or munication; 146 years after the date of enactment of the travel in the air. concerning any aircraft or space vehicle Air Transportation Improvement Act. ‘‘(2) AVIATION QUALITY.—The term ‘aviation part; quality’, with respect to a part of an aircraft ‘‘(2) exports from or imports or introduces AMENDMENT NO. 2231 or space vehicle, means the quality of having into the United States, sells, trades, installs At the appropriate place, insert the fol- been manufactured, constructed, produced, on or in any aircraft or space vehicle any lowing new section: repaired, overhauled, rebuilt, reconditioned, aircraft or space vehicle part using or by SEC. ll. EFFECTIVE DATE FOR CERTAIN ADDI- or restored in conformity with applicable means of a fraudulent representation, docu- TIONAL SLOT EXEMPTIONS. standards specified by law (including a regu- ment, record, certification, depiction, data Notwithstanding any other provision of lation) or contract. plate, label, or electronic communication; or law, any provision to eliminate the High ‘‘(3) DESTRUCTIVE SUBSTANCE.—The term ‘‘(3) attempts or conspires to commit an of- Density Rule at Chicago O’Hare Inter- ‘destructive substance’ means an explosive fense described in paragraph (1) or (2); national Airport shall not take effect until substance, flammable material, infernal ma- shall be punished as provided in subsection 147 years after the date of enactment of the chine, or other chemical, mechanical, or ra- (b). Air Transportation Improvement Act. dioactive device or matter of a combustible, ‘‘(b) PENALTIES.—The punishment for an contaminative, corrosive, or explosive na- offense under subsection (a) is as follows: AMENDMENT NO. 2232 ture. ‘‘(1) AVIATION QUALITY.—If the offense re- At the appropriate place, insert the fol- ‘‘(4) IN FLIGHT.—The term ‘in flight’ lates to the aviation quality of a part and lowing new section: means— the part is installed in an aircraft or space S12006 CONGRESSIONAL RECORD — SENATE October 5, 1999

vehicle, a fine of not more than $500,000, im- ‘‘(A) SUBPOENAS.—In any investigation re- any customer or other person for the produc- prisonment for not more than 25 years, or lating to any act or activity involving an of- tion or for nondisclosure of the production to both. fense under this section, the Attorney Gen- the customer.’’. ‘‘(2) FAILURE TO OPERATE AS REP- eral may issue in writing and cause to be (2) CONFORMING AMENDMENTS.— RESENTED.—If, by reason of the failure of the served a subpoena— (A) CHAPTER ANALYSIS.—The analysis for part to operate as represented, the part to ‘‘(i) requiring the production of any record chapter 2 of title 18, United States Code, is which the offense is related is the probable (including any book, paper, document, elec- amended by adding at the end the following: cause of a malfunction or failure that results tronic medium, or other object or tangible ‘‘38. Fraud involving aircraft or space vehicle in serious bodily injury (as defined in section thing) that may be relevant to an authorized parts in interstate or foreign 1365) to or the death of any person, a fine of law enforcement inquiry, that a person or commerce.’’. not more than $1,000,000, imprisonment for legal entity may possess or have care or cus- (B) WIRE AND ELECTRONIC COMMUNICA- any term of years or life, or both. tody of or control over; and ‘‘(ii) requiring a custodian of a record to TIONS.—Section 2516(1)(c) of title 18, United ‘‘(3) ORGANIZATIONS.—If the offense is com- States Code, is amended by inserting ‘‘sec- mitted by an organization, a fine of not more give testimony concerning the production and authentication of the record. tion 38 (relating to aircraft parts fraud),’’ than $25,000,000. after ‘‘section 32 (relating to destruction of ‘‘(B) CONTENTS.—A subpoena under sub- ‘‘(4) OTHER CIRCUMSTANCES.—In the case of aircraft or aircraft facilities),’’. an offense not described in paragraph (1), (2), paragraph (A) shall— or (3), a fine under this title, imprisonment ‘‘(i) describe the object required to be pro- for not more than 15 years, or both. duced; and HUTCHISON AMENDMENT NO. 2237 ‘‘(c) CIVIL REMEDIES.— ‘‘(ii) prescribe a return date within a rea- (Ordered to lie on the table.) sonable period of time within which the ob- ‘‘(1) IN GENERAL.—The district courts of the Mrs. HUTCHISON submitted an ject can be assembled and produced. United States shall have jurisdiction to pre- amendment intended to be proposed by ‘‘(C) LIMITATION.—The production of a vent and restrain violations of this section her to the bill S. 82, supra; as follows: by issuing appropriate orders, including— record shall not be required under this sec- At the appropriate place in Section 506, ‘‘(A) ordering a person CONVICTED OF AN OF- tion at any place more than 500 miles from add the following: FENSE UNDER THIS SECTION to divest any in- the place at which the subpoena for the pro- ‘‘(C) or, upgraded air service replacing terest, direct or indirect, in any enterprise, duction of the record is served. turbo prop aircraft with regional jet aircraft or to destroy, or to mutilate and sell as ‘‘(D) WITNESS FEES.—A witness summoned between Chicago O’Hare International Air- scrap, aircraft material or part inventories under this section shall be paid the same fees port and any airport to which the air carrier or stocks; and mileage as are paid witnesses in courts provided air service with turbo prop aircraft ‘‘(B) imposing reasonable restrictions on of the United States. during the week of June 15, 1999.’’. the future activities or investments of any ‘‘(b) SERVICE.— such person, including prohibiting engage- ‘‘(1) IN GENERAL.—A subpoena issued under ment in the same type of endeavor as used to subsection (a) may be served by any person CONRAD AMENDMENT NO. 2238 who is at least 18 years of age and is des- commit the offense; and Mr. MCCAIN (for Mr. CONRAD) pro- ‘‘(C) ordering dissolution or reorganization ignated in the subpoena to serve the sub- poena. posed an amendment to the bill S. 82, of any enterprise, making due provisions for supra; as follows: the rights and interests of innocent persons. ‘‘(2) NATURAL PERSONS.—Service of a sub- poena issued under subsection (a) on a nat- ‘‘(2) RESTRAINING ORDERS AND PROHIBI- SECTION 1. SENSE OF THE SENATE. ural person may be made by personal deliv- TION.—Pending final determination of a pro- It is the Sense of the Senate that— ceeding brought under this section, the court ery of the subpoena to the person. (A) Essential air service (EAS) to smaller may enter such restraining orders or prohibi- ‘‘(3) CORPORATIONS AND OTHER ORGANIZA- communities remains vital, and that the dif- tions, or take such other actions (including TIONS.—Service of a subpoena issued under ficulties encountered by many communities the acceptance of satisfactory performance subsection (a) on a domestic or foreign cor- in retaining EAS warrant increased federal bonds) as the court deems proper. poration or on a partnership or other unin- attention. corporated association that is subject to suit (B) The FAA should give full consideration ‘‘(3) ESTOPPEL.—A final judgment rendered in favor of the United States in any criminal under a common name may be made by de- to ending the local match required by Dick- proceeding brought under this section shall livering the subpoena to an officer, to a man- inson, North Dakota. estop the defendant from denying the essen- aging or general agent, or to any other agent SEC. 2. REPORT. tial allegations of the criminal offense in authorized by appointment or by law to re- Not later than 60 days after enactment of any subsequent civil proceeding brought by ceive service of process for the corporation, this legislation, the Secretary of Transpor- the United States. partnership, or association. tation shall report to the Congress with an ‘‘(4) PROOF OF SERVICE.—The affidavit of ‘‘(d) CRIMINAL FORFEITURE.— analysis of the difficulties faced by many the person serving the subpoena entered or a ‘‘(1) IN GENERAL.—The court, in imposing smaller communities in retaining EAS and a true copy of such an affidavit shall be proof sentence on any person convicted of an of- plan to facilitate easier EAS retention. This of service. fense under this section, shall order, in addi- report shall give particular attention to ‘‘(c) ENFORCEMENT.— tion to any other sentence and irrespective communities in North Dakota. ‘‘(1) IN GENERAL.—In the case of a failure to of any provision of State law, that the per- comply with a subpoena issued under sub- son forfeit to the United States— HOLLINGS AMENDMENT NO. 2239 section (a), the Attorney General may in- ‘‘(A) any property constituting, or derived voke the aid of any court of the United (Ordered to lie on the table.) from, any proceeds that the person obtained, States within the jurisdiction of which the Mr. HOLLINGS submitted an amend- directly or indirectly, as a result of the of- investigation is carried on or of which the fense; and ment intended to be proposed by him subpoenaed person is an inhabitant, or in ‘‘(B) any property used, or intended to be to the bill S. 82, supra; as follows: which the subpoenaed person carries on busi- used in any manner, to commit or facilitate At the appropriate place, insert the fol- ness or may be found, to compel compliance the commission of the offense. lowing: with the subpoena. ‘‘(2) APPLICATION OF OTHER LAW.—The for- TITLE—RESTORATION OF AIR ‘‘(2) ORDERS.—The court may issue an feiture of property under this section, in- order requiring the subpoenaed person to ap- TRANSPORTATION COMPETITION cluding any seizure and disposition of the pear before the Attorney General to produce SEC. 01. SHORT TITLE. property, and any proceedings relating to a record or to give testimony concerning the This title may be cited as the ‘‘Restoration the property, shall be governed by section production and authentication of a record. of air Transportation Competition Act’’. 413 of the Comprehensive Drug Abuse and ‘‘(3) CONTEMPT.—Any failure to obey the SEC. 02. FINDINGS. Prevention Act of 1970 (21 U.S.C. 853) (not in- order of the court may be punished by the The Congress makes the following findings: cluding subsection (d) of that section). court as a contempt of court. (1) Essential airport facilities at major air- ‘‘(e) CONSTRUCTION WITH OTHER LAW.—This ‘‘(4) PROCESS.—All process in a case under ports must be available on a reasonable basis section does not preempt or displace any this subsection may be served in any judicial to all air carriers wishing to serve those air- other remedy, civil or criminal, provided by district in which the subpoenaed person may ports. Federal or State law for the fraudulent im- be found. (2) 15 large hub airports today are each portation, sale, trade, installation, or intro- ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- dominated by one air carrier, with each such duction into commerce of an aircraft or withstanding any Federal, State, or local carrier controlling more than 50 percent of space vehicle part. law, any person (including any officer, agent, the traffic at the hub. ‘‘(f) TERRITORIAL SCOPE.—This section ap- or employee of a person) that receives a sub- (3) The General Accounting Office has plies to conduct occurring inside or outside poena under this section, who complies in found that such levels of concentration lead the United States. good faith with the subpoena and produces a to higher air fares. ‘‘(g) AUTHORIZED INVESTIGATIVE DEMAND record or material sought by a subpoena (4) The United States Government must PROCEDURES.— under this section, shall not be liable in any take every step necessary to reduce those ‘‘(1) AUTHORIZATION.— court of any State or the United States to levels of concentration. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12007 (5) Spending at these essential facilities ‘‘(I) means to build or acquire gates that portation shall audit the use of passenger fa- must be directed at providing opportunities could be used as common facilities; and cility fees at essential airport facilities to for carriers wishing to serve such facilities ‘‘(3) any other information required by the ensure that passenger facility fee revenue at- on a commercially viable basis. Secretary. tributable to an passenger facility fee in- (6) The Department of Transportation and ‘‘(e) ESSENTIAL AIRPORT FACILITY DE- crease from $3 to $4 is used in accordance the Department of Justice must vigilantly FINED.—In this section, the term ‘essential with this paragraph.’’. enforce existing laws on competition. airport facility’ means a large hub airport (b) DOT INSPECTOR GENERAL TO INVES- SEC. 03. POLICY GOAL. (as defined in section 41731 of this title) in TIGATE COMPETITIVE IMPACTS.—The Inspector It is the purpose of this title to use the the contiguous 48 states at which 1 carrier General of the Department of Transportation power of the Federal government, working has more than 50 percent of total annual shall investigate the competitive impact of with the Nation’s major airports, to reduce enplanements.’’ majority-in-interest provisions in airport- levels of concentration and end the domina- (b) GUIDELINES.—The Secretary of Trans- airline contracts at essential airport facili- tion by 1 air carrier of the transportation portation shall issue guidelines for competi- ties (as defined in section 40117A(e) of title services provided to people in a particular tion plans required under section 40117A of 49, United States Code). region, and to further the policy goals of en- title 49, United States Code, within 30 days SEC. 07. DESIGNATION OF COMPETITION ADVO- suring lower fares and better service. after the date of enactment of this title. CATE; DUTIES. SEC. 04. INCREASING COMPETITION AT MAJOR (c) ANNUAL REPORT ON AIR FARES.—The (a) DESIGNATION.—The Secretary of Trans- HUB AIRPORTS. Secretary shall issue an annual report on portation shall designate an officer or em- (a) IN GENERAL.—Chapter 401 of title 49, airfares at essential airport facilities (as de- ployee of the Department of Transportation United States Code, is amended by inserting fined in section 40117A(e) of title 49, United to serve as the Federal Aviation Competition after section 40117 the following: States Code) that includes information about Advocate. ‘‘§ 40117A. Increased competition and reduced airfares, competition, and concentration at (b) DUTIES.—The Federal Aviation Com- concentration such facilities. petition Advocate shall— (d) CONFORMING AMENDMENT.—The chapter ‘‘(a) ESSENTIAL AIRPORT FACILITIES MUST (1) have final responsibility for approving analysis for chapter 401 of such title is SUBMIT COMPETITION PLAN.—Within 6 months or disapproving applications for passenger after the date of enactment of the Restora- amended by inserting after the item relating facility charges from essential airport facili- tion of Air Transportation Competition Act, to section 40117 the following: ties (as defined in section 40117A(e) of title each essential airport facility shall submit a ‘‘40117A. Increased competition and reduced 49, United States Code); competition plan that meets the require- concentration’’. (2) oversee the administration of Federal ments of this section to the Secretary of SEC. 05. INCREASE IN PASSENGER FACILITY Aviation Administration grant assurances Transportation. If any essential airport fa- FEE GENERALLY. for those facilities; and cility fails to submit such a plan before the Section 40117(b) of title 49, United States (3) review plans submitted under section end of that 6-month period, the secretary Code, is amended by striking ‘‘$3’’ in para- 40117A of such title. may not approve an application under sec- graph (1) and inserting ‘‘$4’’. SEC. 08. AVAILABILITY OF GATES AND OTHER tion 40117(c) from that essential airport fa- SEC. 06. INCREASE IN PFC AT ESSENTIAL AIR- ESSENTIAL SERVICES. cility to impose or increase a passenger fa- PORT FACILITIES. The Secretary of Transportation shall en- cility fee at that facility. (a) IN GENERAL.—Section 40117 of title 49, sure that gates and other facilities are made ‘‘(b) SECRETARY SHALL ENSURE IMPLEMEN- United States Code, is amended by adding at available at costs that are fair and reason- TATION AND COMPLIANCE.—The Secretary the end thereof the following: able to air carriers at essential airport facili- shall review any plan submitted under sub- ‘‘(j) SPECIAL RULES FOR ESSENTIAL AIRPORT ties (as defined in section 40117A(e) of title section (a) to ensure that it meets the re- FACILITIES.— 49, United States Code) where a ‘‘majority- quirements of this section, and shall review ‘‘(1) IN GENERAL.—The Secretary may au- in-interest clause’’ of a contract, or other its implementation from time to time to en- thorize an essential airport facility (as de- agreement or arrangement, inhibits the abil- sure that each essential airport facility suc- fined in section 40117A(e)) to impose a pas- ity of the local airport authority to provide cessfully implements its plan. senger facility fee under subsection (b)(1) of or build new gates or other facilities. ‘‘(c) FUTURE PFC IMPOSITION OR IN- $4 on each paying passenger only if that fa- CREASE.—Beginning 3 years after the date of cility meets the requirements of section DORGAN AMENDMENT NO. 2240 enactment of the Restoration of Air Trans- 40117A and this subsection. portation Competition Act, the Secretary ‘‘(2) REQUEST.—Before increasing its pas- Mr. MCCAIN (for Mr. DORGAN) pro- may not approve an application under sec- senger facility fee to $4 under this sub- posed an amendment to the bill S. 82, tion 40117(c) for the imposition of, or an in- section, an essential airport facility shall supra; as follows: crease in, a passenger facility fee at an es- submit a request in writing to the Secretary At the appropriate place, insert the fol- sential airport facility unless the Secretary for permission to increase the fee. The re- lowing: determines that— quest shall set forth a plan for the use of the ‘‘(1) the essential airport facility has fully SEC. . PRESERVATION OF ESSENTIAL AIR SERV- revenue from the increased fee that meets ICE AT DOMINATED HUB AIRPORTS. implemented a competition plan that meets the requirements of this subsection. The Sec- (a) IN GENERAL.—Subchapter II of chapter the requirements of this section; retary may approve or disapprove the re- ‘‘(2) the essential airport facility has ade- 417 is amended by adding at the end thereof quest. If the Secretary disapproves the re- the following: quate facilities available, or has offered to quest, the facility may not increase its pas- make such facilities available to carriers senger facility fee to $4. The Secretary may ‘‘§ 41743. Preservation of basic essential air other than the dominant carrier; not approve a request unless the facility service at dominated hub airports ‘‘(3) concentration levels at the essential agrees to meet the requirements of this sub- ‘‘(a) IN GENERAL.—If the Secretary of airport facility have been reduced substan- section at all times during which the in- Transportation determines that extraor- tially or below 50 percent; or creased fee is in effect. dinary circumstances jeopardize the reliable ‘‘(4) the essential airport facility has made ‘‘(4) LIMITATION ON USE OF INCREASED PFC and competitive performance of essential air substantial progress toward reducing con- REVENUE.— service under this subchapter from a sub- centration at that airport. ‘‘(A) PRIORITY USES.—If an essential air- sidized essential air service community to OMPETITION PLAN REQUIREMENTS.—A ‘‘(d) C port facility (as defined in section 40117A(e)) and from an essential airport facility, then competition plan submitted under this sec- increases its passenger facility fee to $4, then the Secretary may require the air carrier tion shall include— any increase in passenger facility fee rev- that has more than 50 percent of the total ‘‘(1) a proposal on methods of reducing air enue attributable to that increase shall be annual enplanements at the essential airport traffic concentration levels at that airport; facility to take action to enable air carrier ‘‘(2) a timeframe for taking action under used first— ‘‘(i) to provide opportunities for non-domi- to provide reliable and competitive essential the plan, including— ‘‘(A) attracting new service or expanding nant air carriers to expand operations at air service to that community. Action re- opportunities for existing air carriers that that airport; quired by the Secretary under this sub- reduce the levels of concentration; ‘‘(ii) to build gates and other facilities for section may include interline agreements, ‘‘(B) making airport grates and related fa- non-dominant air carriers at that airport; or ground services, subleasing of gates, and the cilities available for air carriers other than ‘‘(iii) to take other measures to enhance provision of any other service or facility nec- the dominant air carrier at that airport; competition. essary for the performance of satisfactory es- ‘‘(C) leasing and subleasing arrangements; ‘‘(B) EXCLUSIVE USE PROHIBITED.—Any gate sential air service to that community. ‘‘(D) gate-use requirements; built in whole or in part with passenger fa- ‘‘(b) ESSENTIAL AIRPORT FACILITY DE- ‘‘(E) patterns of air service; cility fee revenue attributable to such an in- FINED.—In this section, the term ‘essential ‘‘(F) gate-assignment policies; crease may not be made available for exclu- airport facility’ means a large hub airport ‘‘(G) financial constraints; sive long-term lease or use agreement by an (as defined in section 41731) in the contiguous ‘‘(H) information on contract relationships air carrier. 48 states at which 1 air carrier has more than that may impede expansion or more effective ‘‘(C) IG TO AUDIT USE OF FUNDS.—The In- 50 percent of the total annual enplanements use of facilities; and spector General of the Department of Trans- at that airport.’’. S12008 CONGRESSIONAL RECORD — SENATE October 5, 1999 DODD (AND OTHERS) AMENDMENT Mr. FITZGERALD submitted an ment is the most appropriate way to account NO. 2241 amendment intended to be proposed by for spending the taxpayers’ money. him to the bill S. 82, supra; as follows: (3) Since 1990, the existence of the discre- Mr. DODD (for himself, Mr. BENNETT, tionary spending limits has been an ex- Mr. MCCAIN, Mr. ROCKEFELLER, and Mr. At the appropriate place, insert the fol- tremely useful tool in Congress battle HOLLINGS) proposed an amendment to lowing new section: against explosive Federal Government the bill, S. 82, supra; as follows: SEC. ll. STUDY OF CHICAGO O’HARE INTER- spending and the deficit. Their existence has NATIONAL AIRPORT. appropriately forced Congress and the Presi- At the appropriate place, insert the fol- (a) IN GENERAL.—If the Administrator of lowing: dent to revisit the effectiveness of programs the Federal Aviation Administration deter- and prioritize the use of taxpayers’ money. ll SEC. . FEDERAL AVIATION ADMINISTRATION mines, on the basis of the Administrator’s (4) Funding for Federal aviation programs YEAR 2000 TECHNOLOGY SAFETY EN- own or a credible third party’s analysis, that FORCEMENT ACT OF 1999. is a high priority for this Congress and suffi- the enactment of any provision of this Act cient funding is available within the existing (a) SHORT TITLE.—This section be cited as will result in— the ‘‘Federal Aviation Administration Year discretionary spending limits to adequately (1) additional delays in flight departures address the aviation needs of our country. 2000 Technology Safety Enforcement Act of from or flight arrivals to Chicago O’Hare 1999’’. (5) Creating additional budgetary con- International Airport, or straints or points of order—designed to dic- (b) DEFINITIONS.—In this section: (2) increased risk to public safety, tate the outcome of future spending de- (1) ADMINISTRATOR.—The term ‘‘Adminis- the Administrator shall report the deter- bates—is unnecessary and unwise. To do so trator’’ means the Administrator of the Fed- mination to Congress within 60 days of the eral Aviation Administration. would require the affirmative vote of a date of making the determination. supermajority for final passage in the Senate (2) AIR CARRIER OPERATING CERTIFICATE.— (b) CRITERIA FOR ASSESSING PUBLIC SAFE- The term ‘‘air carrier operating certificate’’ and would prevent future Congresses from TY.—In assessing the impact on public safety making the best spending decisions appro- has the same meaning as in section 44705 of the Administrator shall take into account title 49, United States Code. priate to our rapidly changing world. air traffic control incidents, runway incur- (b) SENSE OF THE SENATE.—It is the sense (3) YEAR 2000 TECHNOLOGY PROBLEM.—The sions, near misses, and such other measures of the Senate that— term ‘‘year 2000 technology problem’’ means as the Administrator shall deem appropriate. (1) the current budgetary treatment of a failure by any device or system (including aviation programs represents sound fiscal any computer system and any microchip or policy and encourages the best decision- integrated circuit embedded in another de- HELMS AMENDMENTS NOS. 2243– making; and vice or product), or any software, firmware, 2244 (2) this Act or any other legislation which or other set or collection of processing in- (Ordered to lie on the table.) provides for the reauthorization of funding structions to process, to calculate, to com- Mr. HELMS submitted 2 amendments for programs of the Federal Aviation Admin- pare, to sequence, to display, to store, to intended to be proposed by him to the istration shall not contain special budgetary transmit, or to receive year-2000 date-related treatment including off-budget status, sepa- data failures— bill S. 82, supra; as follows: rate categories of spending within the exist- (A) to deal with or account for transitions AMENDMENT NO. 2243 ing discretionary spending limits—also or comparisons from, into, and between the In the pending amendment on page 13, line known as firewalls—or any new points of years 1999 and 2000 accurately; 9 strike the words ‘‘of such carriers’’. order. (B) to recognize or accurately process any specific date in 1999, 2000, or 2001; or AMENDMENT NO. 2244 ABRAHAM AMENDMENTS NOS. (C) to accurately account for the year In the bill on page 153, line 14 strike the 2000’s status as a leap year, including rec- words ‘‘of such carriers’’. 2247–2251 ognition and processing of the correct date (Ordered to lie on the table.) on February 29, 2000. Mr. ABRAHAM submitted 5 amend- (c) RESPONSE TO REQUEST FOR INFORMA- SHELBY (AND DOMENICI) ments intended to be proposed by him TION.—Any person who has an air carrier op- AMENDMENTS NOS. 2245–2246 to the bill S. 82, supra; as follows: erating certificate shall respond on or before (Ordered to lie on the table.) AMENDMENT NO. 2247 November 1, 1999, to any request for informa- Mr. SHELBY (for himself and Mr. tion from the Administrator regarding readi- At the appropriate place insert the fol- DOMENICI) submitted 2 amendments in- ness of that person with regard to the year lowing: tended to be proposed by them to the 2000 technology problem as it relates to the SEC. . NONDISCRIMINATION IN THE USE OF PRI- compliance of that person with applicable bill S. 82, supra; as follows: VATE AIRPORTS. safety regulations. AMENDMENT NO. 2245 Chapter 401 of Subtitle VII of title 49, (d) FAILURE TO RESPOND.— At the appropriate place insert the fol- United States Code, is amended by inserting (1) SURRENDER OF CERTIFICATE.—After No- lowing: the following new section after section 40122: vember 1, 1999, the Administrator shall make SEC. ll. SENSE OF THE SENATE SUPPORTING ‘‘§ 40123. Nondiscrimination in the use of pri- a decision on the record whether to compel CURRENT FUNDING FOR AVIATION. vate airports. any air carrier that has not responded on or (a) FINDING.—The Senate finds that fund- Notwithstanding any other provision of before November 1, 1999, to a request for in- ing for Federal aviation programs is a high law, no state, county, city or municipal gov- formation regarding the readiness of that air priority for this Congress and sufficient ernment may prohibit the use or full enjoy- carrier with regard to the year 2000 tech- funding is available to adequately address ment of a private airport within its jurisdic- nology problem as it relates to the air car- the aviation needs of our country. tion by any person on the basis of that per- rier’s compliance with applicable safety reg- (b) SENSE OF THE SENATE.—It is the sense son’s race, creed, color, national origin, sex, ulations to surrender its operating certifi- of the Senate that it is both unnecessary and or ancestry.’’ cate to the Administrator. unwise to create any mechanisms, proce- (2) REINSTATEMENT OF CERTIFICATE.—The dures, or any new points of order designed to AMENDMENT NO. 2248 Administrator may return an air carrier op- dictate the level of aviation funding in the At the appropriate place insert the fol- erating certificate that has been surrendered future. lowing: under this subsection upon— (A) a finding by the Administrator that a SEC. . NONDISCRIMINATION IN THE USE OF PRI- AMENDMENT NO. 2246 VATE AIRPORTS. person whose certificate has been surren- (a) PROHIBITING DISCRIMINATION IN THE USE dered has provided sufficient information to At the appropriate place insert the fol- OF PRIVATE AIRPORTS.—Chapter 401 of Sub- demonstrate compliance with applicable lowing: title VII of title 49, United States Code, is safety regulations as it relates to the year SEC. ll. BUDGET TREATMENT OF AVIATION amended by inserting the following new sec- 2000 technology problem; or PROGRAMS. tion after section 40122: (B) upon receipt of a certification, signed (a) FINDINGS.—The Senate finds the fol- under penalty or perjury, by the chief oper- lowing: ‘‘§ 40123. Nondiscrimination in the use of pri- ating officer of the air carrier, that such air (1) In order to enforce Congressional Budg- vate airports. carrier has addressed the year 2000 tech- et Resolutions and help control Federal ‘‘(a) IN GENERAL.—Notwithstanding any nology problem so that the air carrier will be spending, there are currently at least 22 dif- other provision of law, no state, county, city in full compliance with applicable safety reg- ferent points of order in the Congressional or municipal government may prohibit the ulations on and after January 1, 2000. Budget Act of 1974. Many of these points of use or full enjoyment of a private airport order require a supermajority vote in the within its jurisdiction by any person on the Senate. basis of that person’s race, creed, color, na- FITZGERALD AMENDMENT NO. 2242 (2) With the exceptions of Social Security tional origin, sex, or ancestry. and the Postal Service, all Federal Govern- ‘‘(b) ENFORCEMENT.—A person who has been (Ordered to lie on the table.) ment spending is on-budget. On-budget treat- discriminated against under paragraph (a) October 5, 1999 CONGRESSIONAL RECORD — SENATE S12009 may bring a civil action, for injunctive or annual delays as determined by the Federal (2) shall be exempt from any general budg- declaratory relief only, in the United States Aviation Administration. et limitation imposed by statute on expendi- District Court for the judicial district in (b) APPORTIONMENT.—Title 49, United tures and net lending (budget outlays) of the which the private landing area is located; States Code, section 47114(d), is amended by United States Government. provided, however, that neither the United adding at the end: SEC. 2. SAFEGUARDS AGAINST DEFICIT SPEND- States Government nor any of its agencies, ‘‘(4) The Secretary shall apportion an addi- ING OUT OF AIRPORT AND AIRWAY instrumentalities, or employees, in their of- tional 5 percent of the amount subject to ap- TRUST FUND. ficial capacity, shall be party to such action. portionment for each fiscal year to States (a) IN GENERAL.—Subhcapter I of chapter ‘‘(c) METHOD OF REDRESS.—Section (b) that include a General Aviation Metropoli- 471 is further amended by adding at the end shall provide the sole and exclusive method tan Access and Reliever Airport equal to the the following: for the redress of claims arising out of Sec- percentage of the apportionment equal to ‘‘§ 47138. Safeguards against deficit spending tion (a). the percentage of the number of operations ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AU- ‘‘(d) LIMITATIONS.—Nothing in this provi- of the State’s eligible General Aviation Met- THORIZATIONS AND NET AVIATION RECEIPTS.— sion shall be construed as a limitation, ropolitan Access and Reliever Airport com- Not later than March 31 of each year, the amendment, or change or to any authorities, pared to the total operations of all General Secretary of Transportation, in consultation rights, or obligations of the United States Aviation Metropolitan Access and Reliever with the Secretary of the Treasury, shall Government, nor any of its agencies, instru- Airports. Such funds may only be used by estimate— mentalities, or employees, in the course of the States for eligible projects at eligible ‘‘(1) the amount which would (but for this their official capacity.’’ General Aviation Metropolitan Access and section) be the unfunded aviation authoriza- (b) JUDICIARY AND JUDICIAL PROCEDURES.— Reliever Airports.’’ tions at the close of the first fiscal year that Title 28, United States Code, Judiciary and begins after that March 31; and Judicial Procedure is hereby amended to ABRAHAM AMENDMENT NO. 2251 ‘‘(2) the net aviation receipts to be credited provide exclusive jurisdiction over a claim to the Airport and Airway Trust Fund during arising out of 49 U.S.C. § 40101, et. seq., as Mr. MCCAIN (for Mr. ABRAHAM) pro- the fiscal year. amended by P.L. 103–305 (August 23, 1994), in posed an amendment to the bill, S. 82, ‘‘(b) PROCEDURES IF EXCESS UNFUNDED the United States District Court for the judi- supra; as follows: AVIATION AUTHORIZATIONS.—If the Secretary cial district in which the private landing On page 14, strike lines 9 through 11. of Transportation determines for any fiscal area is located, provided, however, that nei- year that the amount described on sub- ther the United States Government nor any section (a)(1) exceeds the amount described of its agencies, instrumentalities, or employ- SHELBY AMENDMENTS NOS. 2252– in subsection (a)(2), the Secretary shall de- ees, in their official capacity, shall be party 2253 termine the amount of such excess. to such an action. (Ordered to lie on the table.) ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UN- Mr. SHELBY submitted 2 amend- FUNDED AUTHORIZATIONS EXCEED RECEIPTS.— AMENDMENT NO. 2249 ETERMINATION OF PERCENTAGE ments intended to be proposed by him ‘‘(1) D .—If the Secretary determines that there is an excess At the appropriate place insert the fol- to the bill S. 82, supra; as follows: lowing: referred to in subsection (b) for a fiscal year, AMENDMENT NO. 2252 SEC. . GENERAL AVIATION METROPOLITAN AC- the Secretary shall determine the percent- CESS AND RELIEVER AIRPORT At the appropriate place insert the fol- age which— GRANT FUND. lowing: ‘‘(A) such excess, is of ‘‘(B) the total of the amounts authorized to (a) DEFINITION.—Title 49, United States SEC. ll. AVIATION DISCRETIONARY SPENDING Code, is amended by adding the following GUARANTEE. be appropriated from the Airport and Airway new section at the end of section 47144(d)(1): Section 251(c) of the Balanced Budget and Trust Fund for the next fiscal year. ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If ‘‘(C) GENERAL AVIATION METROPOLITAN AC- Emergency Deficit Control Act of 1985 (2 the Secretary determines a percentage under CESS AND RELIEVER AIRPORT.—‘General Avia- U.S.C. 901(c)) is amended— tion Metropolitan Access and Reliever Air- (1) in paragraph (5)— paragraph (1), each amount authorized to be port’ means a Reliever Airport which has an- (A) in subparagraph (B), by striking ‘‘and’’ appropriated from the Airport and Airway nual operations in excess of 75,000 oper- at the end; Trust Fund for the next fiscal year shall be ations, a runway with a minimum usable (B) in subparagraph (C), by adding ‘‘and’’ reduced by such percentage. ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY landing distance of 5,000 feet, a precision in- after the semicolon; and WITHHELD.— strument landing procedure, a minimum of (C) by adding at the end the following: ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If, 150 based aircraft, and where the adjacent ‘‘(D) for the aviation category, an outlay after a reduction has been made under sub- Air Carrier Airport exceeds 20,000 hours of amount equal to the limitation on obliga- section (c)(2), the Secretary determines that annual delays as determined by the Federal tions for the airport improvement program the amount described in subsection (a)(1) Aviation Administration. and the amounts authorized for operations, does not exceed the amount described in sub- (b) APPORTIONMENT.—Title 49, United research, and facilities, and equipment in the section (a)(2) or that the excess referred to in States Code, section 47114(d), is amended by Air Transportation Improvement Act for fis- subsection (b) is less than the amount pre- adding at the end: cal year 2001;’’; and viously determined, each amount authorized ‘‘(4) The Secretary shall apportion an addi- (2) in paragraph (6)— to be appropriated that was reduced under tional 5 percent of the amount subject to ap- (A) in subparagraph (B), by striking ‘‘and’’ subsection ((c)(2) shall be increased, by an portionment for each fiscal year to each eli- at the end; equal percentage, to the extent the Sec- gible General Aviation Metropolitan Access (B) by adding at the end the following: retary determines that it may be so in- and Reliever Airports in proportion to the ‘‘(D) for the aviation category, an outlay creased without causing the amount de- percentage of the number of operations at amount equal to the limitation on obliga- scribed in subsection (a)(1) to exceed the that General Aviation Metropolitan Access tions for the airport improvement program amount described in subsection (a)(2) (but and Reliever Airport compared to the total and the amounts authorized for operations, not by more than the amount of the reduc- operations of all General Aviation Metro- research, and facilities, and equipment in the tion). politan Access and Reliever Airports.’’ Air Transportation Improvement Act for fis- ‘‘(2) APPORTIONMENT.—The Secretary shall cal year 2002; and’’. apportion amounts made available for appor- AMENDMENT NO. 2250 tionment by paragraph (1). At the appropriate place insert the fol- At the appropriate place, insert: ‘‘(3) PERIOD OF AVAILABILITY.—Any funds lowing: SEC. 1. BUDGETARY TREATMENT OF AIRPORT apportioned under paragraph (2) shall remain SEC. . GENERAL AVIATION METROPOLITAN AC- AND AIRWAY TRUST FUND. available for the period for which they would CESS AND RELIEVER AIRPORT Notwithstanding any other provision of be available if such apportionment took ef- GRANT FUND. law, the receipts and disbursements of the fect with the fiscal year in which they are (a) DEFINITION.—Title 49, United States Airport and Airway Trust Fund established apportioned under paragraph (2). Code, is amended by adding the following by section 9502 of the Internal Revenue Code ‘‘(e) REPORTS.—Any estimate under sub- new section at the end of section 47144(d)(1): of 1986— section (a) and any determination under sub- ‘‘(C) GENERAL AVIATION METROPOLITAN AC- (1) shall not be counted as new budget au- section (b), (c), or (d) shall be reported by the CESS AND RELIEVER AIRPORT.—‘General Avia- thority, outlays, receipts, or deficit or sur- Secretary to Congress. tion Metropolitan Access and Reliever Air- plus for purposes of— ‘‘(f) DEFINITIONS.—For purposes of this sec- port’ means a Reliever Airport which has an- (A) the budget of the United States Gov- tion, the following definitions apply: nual operations in excess of 75,000 oper- ernment as submitted by the President; ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net ations, a runway with a minimum usable (B) the congressional budget (including al- aviation receipts’ means, with respect to any landing distance of 5,000 feet, a precision in- locations of budget authority and outlays period, the excess of— strument landing procedure, a minimum of provided therein); or ‘‘(A) the receipts (including interest) of the 150 based aircraft, and where the adjacent (C) the Balanced Budget and Emergency Airport and Airway Trust fund during such Air Carrier Airport exceeds 20,000 hours of Deficit Control Act of 1985; and period, over S12010 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(B) the amounts to be transferred during Sec. ø212¿ 213. Requirements to obtain con- Sec. 404. Protection of refinance of security such period from the Airport and Airway firmation and discharge in interest. Trust Fund under section 9502(d) of the In- cases involving domestic sup- Sec. 405. Executory contracts and unexpired ternal Revenue Code of 1986 (other than para- port obligations. leases. graph (1) thereof). Sec. ø213¿ 214. Exceptions to automatic stay Sec. 406. Creditors and equity security hold- ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.— in domestic support obligation ers committees. The term ‘unfunded aviation authorization’ proceedings. Sec. 407. Amendment to section 546 of title means, at any time, the excess (if any) of— Sec. ø214¿ 215. Nondischargeability of cer- 11, United States Code. ‘‘(A) the total amount authorized to be ap- tain debts for alimony, mainte- Sec. 408. Limitation. propriated from the Airport and Airway nance, and support. Sec. 409. Amendment to section 330(a) of Trust Fund which has not been appropriated, Sec. ø215¿ 216. Continued liability of prop- title 11, United States Code. over erty. Sec. 410. Postpetition disclosure and solici- ‘‘(B) the amount available in the Airport Sec. ø216¿ 217. Protection of domestic sup- tation. and Airway Trust Fund at such time to port claims against preferential Sec. 411. Preferences. make such appropriation (after all other un- transfer motions. Sec. 412. Venue of certain proceedings. liquidated obligations at such time which øSec. 217. Amendment to section 1325 of title Sec. 413. Period for filing plan under chapter are payable from the Airport and Airway 11, United States Code. 11. Trust Fund have been liquidated).’’. øSec. 218. Definition of domestic support ob- Sec. 414. Fees arising from certain owner- (b) CONFORMING AMENDMENT.—The analysis ligation. ship interests. for subchapter I of chapter 471 is further Sec. 218. Disposable income defined. Sec. 415. Creditor representation at first amended by adding at the end the following: Sec. 219. Collection of child support. meeting of creditors. ‘‘47138. Safeguards against deficit spending.’’ Subtitle C—Other Consumer Protections øSec. 416. Elimination of certain fees pay- able in chapter 11 bankruptcy SEC. 3. ADJUSTMENTS TO DISCRETIONARY øSec. 221. Definitions. SPENDING LIMITS cases.¿ øSec. 222. Disclosures. Sec. ø417¿ 416. Definition of disinterested When the President submits the budget øSec. 223. Debtor’s bill of rights. under section 1105(a) of title 31, United person. øSec. 224. Enforcement.¿ Sec. ø418¿ 417. Factors for compensation of States Code, for fiscal year 2001, the Director Sec. 221. Amendments to discourage abusive of the Office of Management and Budget professional persons. bankruptcy filings. Sec. ø419¿ 418. Appointment of elected trust- shall, pursuant to section 251(b)(1)(A) of the Sec. ø225¿ 222. Sense of Congress. Balanced Budget and Emergency Deficit ee. Sec. ø226¿ 223. Additional amendments to Sec. 419. Utility service. Control Act of 1985, calculate and the budget title 11, United States Code. shall include appropriate reductions to the Sec. 224. Protection of retirement savings in Subtitle B—Small Business Bankruptcy discretionary spending limits for each of fis- bankruptcy. Provisions cal years 2001 and 2002 set forth in section TITLE III—DISCOURAGING BANKRUPTCY Sec. 421. Flexible rules for disclosure state- 251(c)(5)(A) and section 251(c)(6)(A) of that ABUSE ment and plan. Act (as adjusted under section 251 of that Sec. 422. Definitions; effect of discharge. Act) to reflect the discretionary baseline Sec. 301. Reinforcement of the fresh start. Sec. 423. Standard form disclosure State- trust fund spending (without any adjustment Sec. 302. Discouraging bad faith repeat fil- ment and plan. for inflation) for the Federal Aviation Ad- ings. Sec. 424. Uniform national reporting re- ministration that is subject to section 902 of Sec. 303. Curbing abusive filings. quirements. this Act for each of those two fiscal years. Sec. 304. Debtor retention of personal prop- Sec. 425. Uniform reporting rules and forms erty security. SEC. 4. APPLICABILITY. for small business cases. Sec. 305. Relief from the automatic stay This title (including the amendments made Sec. 426. Duties in small business cases. when the debtor does not com- by this Act) shall apply to fiscal years begin- Sec. 427. Plan filing and confirmation dead- plete intended surrender of con- ning after September 30, 2000. lines. sumer debt collateral. Sec. 428. Plan confirmation deadline. Sec. 306. Giving secured creditors fair treat- HATCH AMENDMENT NO. 2254 Sec. 429. Prohibition against extension of ment in chapter 13. time. (Ordered to lie on the table.) Sec. 307. Exemptions. Sec. 430. Duties of the United States trustee. Mr. HATCH submitted an amend- Sec. 308. Residency requirement for home- Sec. 431. Scheduling conferences. ment intended to be proposed by him stead exemption. Sec. 432. Serial filer provisions. Sec. 309. Protecting secured creditors in to the bill S. 82, supra; as follows: Sec. 433. Expanded grounds for dismissal or chapter 13 cases. conversion and appointment of Insert in the appropriate place: Sec. 310. Limitation on luxury goods. [The parts of the bill intended to be strick- trustee. Sec. 311. Automatic stay. Sec. 434. Study of operation of title 11, en are shown in boldface brackets and the Sec. 312. Extension of period between bank- parts to be inserted are shown in italic.] United States Code, with re- ruptcy discharges. spect to small businesses. TITLE— Sec. 313. Definition of household goods and Sec. 435. Payment of interest. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. antiques. Sec. 314. Debt incurred to pay nondischarge- TITLE V—MUNICIPAL BANKRUPTCY (a) SHORT TITLE.—This title may be cited PROVISIONS as the ‘‘Bankruptcy Reform Act of 1999’’. able debts. Sec. 501. Petition and proceedings related to (b) TABLE OF CONTENTS.—The table of con- Sec. 315. Giving creditors fair notice in tents of this Act is as follows: chapters 7 and 13 cases. petition. Sec. 316. Dismissal for failure to timely file Sec. 502. Applicability of other sections to Sec. 1. Short title; table of contents. schedules or provide required chapter 9. TITLE I—NEEDS-BASED BANKRUPTCY information. TITLE VI—IMPROVED BANKRUPTCY Sec. 101. Conversion. Sec. 317. Adequate time to prepare for hear- STATISTICS AND DATA Sec. 102. Dismissal or conversion. ing on confirmation of the plan. Sec. 601. Audit procedures. Sec. 103. Notice of alternatives. Sec. 318. Chapter 13 plans to have a 5-year Sec. 602. Improved bankruptcy statistics. Sec. 104. Debtor financial management duration in certain cases. Sec. 603. Uniform rules for the collection of training test program. Sec. 319. Sense of the Congress regarding ex- bankruptcy data. Sec. 105. Credit counseling. pansion of rule 9011 of the Fed- Sec. 604. Sense of Congress regarding avail- TITLE II—ENHANCED CONSUMER eral Rules of Bankruptcy Pro- ability of bankruptcy data. PROTECTION cedure. Sec. 320. Prompt relief from stay in indi- TITLE VII—BANKRUPTCY TAX Subtitle A—Penalties for Abusive Creditor PROVISIONS Practices vidual cases. Sec. 321. Treatment of certain earnings of an Sec. 701. Treatment of certain liens. Sec. 201. Promotion of alternative dispute individual debtor who files a vol- Sec. 702. Effective notice to government. resolution. Sec. 703. Notice of request for a determina- Sec. 202. Effect of discharge. untary case under chapter 11. TITLE IV—GENERAL AND SMALL tion of taxes. Sec. 203. Violations of the automatic stay. Sec. 704. Rate of interest on tax claims. BUSINESS BANKRUPTCY PROVISIONS Sec. 204. Discouraging abuse of reaffirma- Sec. 705. Tolling of priority of tax claim tion practices. Subtitle A—General Business Bankruptcy time periods. Subtitle B—Priority Child Support Provisions Sec. 706. Priority property taxes incurred. Sec. 211. Definition of domestic support obliga- Sec. 401. Rolling stock equipment. Sec. 707. Chapter 13 discharge of fraudulent tion. Sec. 402. Adequate protection for investors. and other taxes. Sec. ø211¿ 212. Priorities for claims for do- Sec. 403. Meetings of creditors and equity se- Sec. 708. Chapter 11 discharge of fraudulent mestic support obligations. curity holders. taxes. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12011 Sec. 709. Stay of tax proceedings. Sec. ø1222¿ 1120. Discharge under chapter 12. total income. In order to establish special Sec. 710. Periodic payment of taxes in chap- Sec. ø1223¿ 1121. Bankruptcy cases and pro- circumstances, the debtor shall be required ter 11 cases. ceedings. to— Sec. 711. Avoidance of statutory tax liens Sec. ø1224¿ 1122. Knowing disregard of bank- ‘‘(I) itemize each additional expense or ad- prohibited. ruptcy law or rule. justment of income; and Sec. 712. Payment of taxes in the conduct of Sec. ø1225¿ 1123. Transfers made by non- ‘‘(II) provide— business. profit charitable corporations. ‘‘(aa) documentation for such expenses; Sec. 713. Tardily filed priority tax claims. Sec. ø1226¿ 1124. Protection of valid purchase and Sec. 714. Income tax returns prepared by tax money security interests. ‘‘(bb) a detailed explanation of the special authorities. Sec. ø1227¿ 1125. Extensions. circumstances that make such expenses nec- Sec. 715. Discharge of the estate’s liability Sec. ø1228¿ 1126. Bankruptcy judgeships. essary and reasonable. for unpaid taxes. TITLE øXIII¿ XII—GENERAL EFFECTIVE ‘‘(ii) The debtor, and the attorney for the Sec. 716. Requirement to file tax returns to DATE; APPLICATION OF AMENDMENTS debtor if the debtor has an attorney, shall confirm chapter 13 plans. Sec. ø1301¿ 1201. Effective date; application attest under oath to the accuracy of any in- Sec. 717. Standards for tax disclosure. of amendments. formation provided to demonstrate that ad- Sec. 718. Setoff of tax refunds. ditional expenses or adjustments to income TITLE I—NEEDS-BASED BANKRUPTCY TITLE VIII—ANCILLARY AND OTHER are required. CROSS-BORDER CASES SEC. 101. CONVERSION. ‘‘(iii) The presumption of abuse may be re- Section 706(c) of title 11, United States butted if the additional expenses or adjust- Sec. 801. Amendment to add chapter 15 to Code, is amended by inserting ‘‘or consents ments to income referred to in clause (i) title 11, United States Code. to’’ after ‘‘requests’’. cause the product of the debtor’s current Sec. 802. Amendments to other chapters in SEC. 102. DISMISSAL OR CONVERSION. monthly income reduced by the amounts de- title 11, United States Code. (a) IN GENERAL.—Section 707 of title 11, termined under clauses (ii), (iii), and (iv) of Sec. 803. Claims relating to insurance depos- United States Code, is amended— subparagraph (A) multiplied by 60 to be less its in cases ancillary to foreign (1) by striking the section heading and in- than the lesser of— proceedings. serting the following: ‘‘(I) 25 percent of the debtor’s nonpriority TITLE IX—FINANCIAL CONTRACT unsecured claims; or PROVISIONS ‘‘§ 707. Dismissal of a case or conversion to a case under chapter 13’’; ‘‘(II) $15,000. Sec. 901. Bankruptcy Code amendments. ‘‘(C)(i) As part of the schedule of current Sec. 902. Damage measure. and income and expenditures required under sec- Sec. 903. Asset-backed securitizations. (2) in subsection (b)— tion 521, the debtor shall include a statement Sec. 904. Effective date; application of (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; of the debtor’s current monthly income, and amendments. (B) in paragraph (1), as redesignated by the calculations that determine whether a subparagraph (A) of this paragraph— presumption arises under subparagraph TITLE X—PROTECTION OF FAMILY (i) in the first sentence— FARMERS (A)(i), that shows how each such amount is (I) by striking ‘‘but not at the request or calculated. Sec. 1001. Reenactment of chapter 12. suggestion’’ and inserting ‘‘, panel trustee ‘‘(ii) The Supreme Court shall promulgate Sec. 1002. Debt limit increase. or’’; rules under section 2075 of title 28, that pre- Sec. 1003. Elimination of requirement that (II) by inserting ‘‘, or, with the debtor’s scribe a form for a statement under clause (i) family farmer and spouse re- consent, convert such a case to a case under and may provide general rules on the con- ceive over 50 percent of income chapter 13 of this title,’’ after ‘‘consumer tent of the statement. from farming operation in year debts’’; and ‘‘(3) In considering under paragraph (1) prior to bankruptcy. (III) by striking ‘‘substantial abuse’’ and whether the granting of relief would be an Sec. 1004. Certain claims owed to govern- inserting ‘‘abuse’’; and abuse of the provisions of this chapter in a mental units. (ii) by striking the next to last sentence; case in which the presumption in subpara- TITLE XI—HEALTH CARE AND and graph (A)(i) of such paragraph does not apply EMPLOYEE BENEFITS (C) by adding at the end the following: or has been rebutted, the court shall ‘‘(2)(A)(i) In considering under paragraph øSec. 1101. Definitions. consider— (1) whether the granting of relief would be an øSec. 1102. Disposal of patient records. ‘‘(A) whether the debtor filed the petition abuse of the provisions of this chapter, the øSec. 1103. Administrative expense claim for in bad faith; or costs of closing a health care court shall presume abuse exists if the debt- ‘‘(B) the totality of the circumstances (in- business. or’s current monthly income reduced by the cluding whether the debtor seeks to reject a amounts determined under clauses (ii), (iii), øSec. 1104. Appointment of ombudsman to personal services contract and the financial act as patient advocate. and (iv), and multiplied by 60 is not less than need for such rejection as sought by the the lesser of— øSec. 1105. Debtor in possession; duty of debtor) of the debtor’s financial situation ‘‘(I) 25 percent of the debtor’s nonpriority trustee to transfer patients.¿ demonstrates abuse.’’. unsecured claims in the case; or (b) DEFINITION.—Title 11, United States TITLE øXII¿ XI—TECHNICAL ‘‘(II) $15,000. Code, is amended— AMENDMENTS ‘‘(ii) The debtor’s monthly expenses shall (1) in section 101, by inserting after para- Sec. ø1201¿ 1101. Definitions. be the applicable monthly (excluding pay- graph (10) the following: Sec. ø1202¿ 1102. Adjustment of dollar ments for debts) expenses under standards ‘‘(10A) ‘current monthly income’— amounts. issued by the Internal Revenue Service for ‘‘(A) means the average monthly income Sec. ø1203¿ 1103. Extension of time. the area in which the debtor resides, as in ef- from all sources which the debtor, or in a Sec. ø1204¿ 1104. Technical amendments. fect on the date of the entry of the order for joint case, the debtor and the debtor’s Sec. ø1205¿ 1105. Penalty for persons who relief, for the debtor, the dependents of the spouse, receive without regard to whether negligently or fraudulently pre- debtor, and the spouse of the debtor in a the income is taxable income, derived during pare bankruptcy petitions. joint case, if the spouse is not otherwise a the 180-day period preceding the date of de- Sec. ø1206¿ 1106. Limitation on compensa- dependent. termination; and tion of professional persons. ‘‘(iii) The debtor’s average monthly pay- ‘‘(B) includes any amount paid by any enti- Sec. ø1207¿ 1107. Special tax provisions. ments on account of secured debts shall be ty other than the debtor (or, in a joint case, Sec. ø1208¿ 1108. Effect of conversion. calculated as— the debtor and the debtor’s spouse), on a reg- Sec. ø1209¿ 1109. Allowance of administrative ‘‘(I) the total of all amounts scheduled as ular basis to the household expenses of the expenses. contractually due to secured creditors in debtor or the debtor’s dependents (and, in a øSec. 1210. Priorities. each month of the 60 months following the joint case, the debtor’s spouse if not other- øSec. 1211. Exemptions.¿ date of the petition; divided by wise a dependent);’’; and Sec. ø1212¿ 1110. Exceptions to discharge. ‘‘(II) 60. (2) in section 704— Sec. ø1213¿ 1111. Effect of discharge. ‘‘(iv) The debtor’s expenses for payment of (A) by inserting ‘‘(a)’’ before ‘‘The trustee Sec. ø1214¿ 1112. Protection against discrimi- all priority claims (including priority child shall—’’; and natory treatment. support and alimony claims) shall be cal- (B) by adding at the end the following: Sec. ø1215¿ 1113. Property of the estate. culated as— ‘‘(b)(1) With respect to an individual debtor Sec. ø1216¿ 1114. Preferences. ‘‘(I) the total amount of debts entitled to under this chapter— Sec. ø1217¿ 1115. Postpetition transactions. priority; divided by ‘‘(A) the United States trustee or bank- Sec. ø1218¿ 1116. Disposition of property of ‘‘(II) 60. ruptcy administrator shall review all mate- the estate. ‘‘(B)(i) In any proceeding brought under rials filed by the debtor and, not later than Sec. ø1219¿ 1117. General provisions. this subsection, the presumption of abuse 10 days before the first meeting of creditors, Sec. ø1220¿ 1118. Abandonment of railroad may be rebutted by demonstrating special file with the court a statement as to whether line. circumstances that justify additional ex- the debtor’s case would be presumed to be an Sec. ø1221¿ 1119. Contents of plan. penses or adjustments of current monthly abuse under section 707(b); and S12012 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(B) not later than 5 days after receiving a of the date of the order for relief, have a Speaker of the House of Representatives and statement under subparagraph (A), the court total current monthly income equal to or the President pro tempore of the Senate, for shall provide a copy of the statement to all less than the national or applicable State referral to the appropriate committees of creditors. median family monthly income calculated Congress, containing the findings of the Di- ‘‘(2) The United States trustee or bank- on a monthly basis for a family of equal rector regarding the effectiveness of such ruptcy administrator shall not later than 30 size.’’. curriculum, such materials, and such pro- days after receiving a statement filed under (c) CLERICAL AMENDMENT.—The table of grams. paragraph (1) file a motion to dismiss or con- sections for chapter 7 of title 11, United SEC. 105. CREDIT COUNSELING. vert under section 707(b), or file a statement States Code, is amended by striking the item (a) WHO MAY BEA DEBTOR.—Section 109 of setting forth the reasons the United States relating to section 707 and inserting the fol- title 11, United States Code, is amended by trustee or bankruptcy administrator does lowing: adding at the end the following: not believe that such a motion would be øap- ‘‘707. Dismissal of a case or conversion to a ‘‘(h)(1) Subject to paragraphs (2) and (3), propriate. If,¿ appropriate, if based on the fil- case under chapter 13.’’. and notwithstanding any other provision of ing of such statement with the court, the SEC. 103. NOTICE OF ALTERNATIVES. this section, an individual may not be a United States trustee or bankruptcy admin- Section 342(b) of title 11, United States debtor under this title unless that individual istrator determines that the debtor’s case Code, is amended to read as follows: has, during the ø90-day period¿ 180-day period should be presumed to be an abuse under sec- ‘‘(b)(1) Before the commencement of a case preceding the date of filing of the petition of tion 707(b) and the product of the debtor’s under this title by an individual whose debts that individual, received from an approved current monthly income, multiplied by 12 is are primarily consumer debts, that indi- nonprofit credit counseling service described not less than— vidual shall be given or obtain (as required in section 111(a) an individual or group brief- ‘‘(A) the highest national or applicable in section 521(a)(1), as part of the certifi- ing that outlined the opportunities for avail- State median family income reported for a cation process under subchapter I of chapter able credit counseling and assisted that indi- family of equal or lesser size, whichever is 5) a written notice prescribed by the United vidual in performing a related budget anal- greater; or States trustee for the district in which the ysis. ‘‘(B) in the case of a household of 1 person, ‘‘(2)(A) Paragraph (1) shall not apply with petition is filed under section 586 of title 28. the national or applicable State median ‘‘(2) The notice shall contain the following: respect to a debtor who resides in a district household income for 1 earner, whichever is ‘‘(A) A brief description of chapters 7, 11, for which the United States trustee or bank- greater. 12, and 13 and the general purpose, benefits, ruptcy administrator of the bankruptcy ‘‘(3)(A) The court shall order the counsel and costs of proceeding under each of those court of that district determines that the ap- for the debtor to reimburse the panel trustee chapters. proved nonprofit credit counseling services for all reasonable costs in prosecuting a mo- ‘‘(B) A brief description of services that for that district are not reasonably able to tion brought under section 707(b), including may be available to that individual from a provide adequate services to the additional reasonable attorneys’ fees, if— credit counseling service that is approved by individuals who would otherwise seek credit ‘‘(i) a panel trustee appointed under sec- the United States trustee for that district.’’. counseling from those programs by reason of tion 586(a)(1) of title 28 brings a motion for the requirements of paragraph (1). dismissal or conversion under this sub- SEC. 104. DEBTOR FINANCIAL MANAGEMENT ‘‘(B) Each United States trustee or bank- TRAINING TEST PROGRAM. section; and ruptcy administrator that makes a deter- (a) DEVELOPMENT OF FINANCIAL MANAGE- ‘‘(ii) the court— mination described in subparagraph (A) shall MENT AND TRAINING CURRICULUM AND MATE- ‘‘(I) grants that motion; and review that determination not later than 1 RIALS.—The Director of the Executive Office ‘‘(II) finds that the action of the counsel year after the date of that determination, for United States Trustees (in this section for the debtor in filing under this chapter and not less frequently than every year referred to as the ‘‘Director’’) shall— was not substantially justified. thereafter. ‘‘(B) If the court finds that the attorney for (1) consult with a wide range of individuals ‘‘(3)(A) Subject to subparagraph (B), the re- the debtor violated Rule 9011, at a minimum, who are experts in the field of debtor edu- quirements of paragraph (1) shall not apply the court shall order— cation, including trustees who are appointed with respect to a debtor who submits to the ‘‘(i) the assessment of an appropriate civil under chapter 13 of title 11, United States court a certification that— penalty against the counsel for the debtor; Code, and who operate financial manage- ‘‘(i) describes exigent circumstances that and ment education programs for debtors; and merit a waiver of the requirements of para- ‘‘(ii) the payment of the civil penalty to (2) develop a financial management train- graph (1); the panel trustee or the United States trust- ing curriculum and materials that may be ‘‘(ii) states that the debtor requested cred- ee. used to educate individual debtors con- it counseling services from an approved non- ‘‘(C) In the case of a petition referred to in cerning how to better manage their finances. profit credit counseling service, but was un- subparagraph (B), the signature of an attor- (b) TEST.— able to obtain the services referred to in ney shall constitute a certificate that the at- (1) IN GENERAL.—The Director shall select 3 paragraph (1) during the 5-day period begin- torney has— judicial districts of the United States in ning on the date on which the debtor made ‘‘(i) performed a reasonable investigation which to test the effectiveness of the finan- that request; and into the circumstances that gave rise to the cial management training curriculum and ‘‘(iii) is satisfactory to the court. petition; and materials developed under subsection (a). ‘‘(B) With respect to a debtor, an exemp- ‘‘(ii) determined that the petition— (2) AVAILABILITY OF CURRICULUM AND MATE- tion under subparagraph (A) shall cease to ‘‘(I) is well grounded in fact; and RIALS.—For a 1-year period beginning not apply to that debtor on the date on which ‘‘(II) is warranted by existing law or a good later than 270 days after the date of enact- the debtor meets the requirements of para- faith argument for the extension, modifica- ment of this Act, the curriculum and mate- graph (1), but in no case may the exemption tion, or reversal of existing law and does not rials referred to in paragraph (1) shall be apply to that debtor after the date that is 30 constitute an abuse under paragraph (1). made available by the Director, directly or days after the debtor files a petition.’’. ‘‘(4)(A) Except as provided in subparagraph indirectly, on request to individual debtors (b) CHAPTER 7 DISCHARGE.—Section 727(a) (B) and subject to paragraph (5), the court in cases filed during that 1-year period under of title 11, United States Code, is amended— may award a debtor all reasonable costs in chapter 7 or 13 of title 11, United States (1) in paragraph (9), by striking ‘‘or’’ at the contesting a motion brought by a party in Code. end; interest (other than a panel trustee or (c) EVALUATION.— (2) in paragraph (10), by striking the period United States trustee) under this subsection (1) IN GENERAL.—During the 1-year period and inserting ‘‘; or’’; and (including reasonable attorneys’ fees) if— referred to in subsection (b), the Director (3) by adding at the end the following: ‘‘(i) the court does not grant the motion; shall evaluate the effectiveness of— ‘‘(11) after the filing of the petition, the and (A) the financial management training debtor failed to complete an instructional ‘‘(ii) the court finds that— curriculum and materials developed under course concerning personal financial man- ‘‘(I) the position of the party that brought subsection (a); and agement described in section 111.’’. the motion was not substantially justified; (B) a sample of existing consumer edu- (c) CHAPTER 13 DISCHARGE.—Section 1328 of or cation programs such as those described in title 11, United States Code, is amended by ‘‘(II) the party brought the motion solely the report of the National Bankruptcy Re- adding at the end the following: for the purpose of coercing a debtor into view Commission issued on October 20, 1997, ‘‘(g) The court shall not grant a discharge waiving a right guaranteed to the debtor that are representative of consumer edu- under this section to a debtor, unless after under this title. cation programs carried out by— filing a petition the debtor has completed an ‘‘(B) A party in interest that has a claim of (i) the credit industry; instructional course concerning personal fi- an aggregate amount less than $1,000 shall (ii) trustees serving under chapter 13 of nancial management described in section not be subject to subparagraph (A). title 11, United States Code; and 111. ‘‘(5) Only the judge, United States trustee, (iii) consumer counseling groups. ‘‘(h) Subsection (g) shall not apply with re- bankruptcy administrator, or panel trustee (2) REPORT.—Not later than 3 months after spect to a debtor who resides in a district for may bring a motion under this section if the concluding the evaluation under paragraph which the United States trustee or bank- debtor and the debtor’s spouse combined, as (1), the Director shall submit a report to the ruptcy administrator of the bankruptcy October 5, 1999 CONGRESSIONAL RECORD — SENATE S12013 court of that district determines that the ap- the loan, or a reasonable extension thereof; ‘‘(aa) waiving the hearing; proved instructional courses are not ade- and ‘‘(bb) stating that the debtor is represented quate to service the additional individuals ‘‘(C) no part of the debt under the alter- by counsel; and who would be required to complete the in- native repayment schedule is nondischarge- ‘‘(cc) identifying the counsel. ;’’; øand¿ structional course by reason of the require- able. (B) in paragraph (6)(A)— ments of this section. ‘‘(2) The debtor shall have the burden of (i) in clause (i), by striking ‘‘and’’ at the ‘‘(i) Each United States trustee or bank- proving, by clear and convincing evidence, end; ruptcy administrator that makes a deter- that— (ii) in clause (ii), by striking the period and mination described in subsection (h) shall re- ‘‘(A) the creditor unreasonably refused to inserting ‘‘; and’’; and view that determination not later than 1 consider the debtor’s proposal; and (iii) by adding at the end the following: year after the date of that determination, ‘‘(B) the proposed alternative repayment ‘‘(iii) not an agreement that the debtor en- and not less frequently than every year schedule was made in the 60-day period speci- tered into as a result of a threat by the cred- thereafter.’’. fied in paragraph (1)(B)(i).’’. itor to take an action that, at the time of (d) DEBTOR’S DUTIES.—Section 521 of title (b) LIMITATION ON AVOIDABILITY.—Section the threat, the creditor could not legally 11, United States Code, is amended— 547 of title 11, United States Code, is amend- take or did not intend to takeø.¿; except (1) by inserting ‘‘(a)’’ before ‘‘The debtor ed by adding at the end the following: that’’; and shall—’’; and ‘‘(h) The trustee may not avoid a transfer (C) in paragraph (6)(B), by striking ‘‘Sub- (2) by adding at the end the following: if such transfer was made as a part of an al- paragraph’’ and inserting ‘‘subparagraph’’; and ‘‘(b) In addition to the requirements under ternative repayment plan between the debtor (2) in subsection (d), in the third sentence, subsection (a), an individual debtor shall file and any creditor of the debtor created by an by inserting after ‘‘during the course of ne- with the court— approved credit counseling agency.’’. gotiating an agreement’’ the following: ‘‘(or ‘‘(1) a certificate from the credit coun- SEC. 202. EFFECT OF DISCHARGE. if the consideration by such agreement is seling service that provided the debtor serv- Section 524 of title 11, United States Code, based on a wholly secured consumer debt, ices under section 109(h); and is amended by adding at the end the fol- and the debtor has not waived the right to a ‘‘(2) a copy of the debt repayment plan, if lowing: hearing under subsection (c)(2)(C))’’. any, developed under section 109(h) through ‘‘(i) The willful failure of a creditor to (b) LAW ENFORCEMENT.— the credit counseling service referred to in credit payments received under a plan con- (1) IN GENERAL.—Chapter 9 of title 18, paragraph (1).’’. firmed under this title (including a plan of United States Code, is amended by adding at (e) GENERAL PROVISIONS.— reorganization confirmed under chapter 11 of the end the following: (1) IN GENERAL.—Chapter 1 of title 11, this title) in the manner required by the plan United States Code, is amended by adding at (including crediting the amounts required ‘‘§ 158. Designation of United States attorneys the end the following: under the plan) shall constitute a violation and agents of the Federal Bureau of Inves- ‘‘§ 111. Credit counseling services; financial of an injunction under subsection (a)(2).’’. tigation to address abusive reaffirmations management instructional courses SEC. 203. VIOLATIONS OF THE AUTOMATIC STAY. of debt ‘‘(a) The clerk of each district shall main- Section 362(a) of title 11, United States ‘‘(a) IN GENERAL.—The Attorney General of tain a list of credit counseling services that Code, is amended— the United States shall designate the indi- provide 1 or more programs described in sec- (1) in paragraph (7), by striking ‘‘and’’ at viduals described in subsection (b) to have tion 109(h) and a list of instructional courses the end; primary responsibility in carrying out en- concerning personal financial management (2) in paragraph (8), by striking the period forcement activities in addressing violations that have been approved by— at the end and inserting ‘‘; and’’; and of section 152 or 157 relating to abusive re- ‘‘(1) the United States trustee; or (3) by adding at the end the following: affirmations of debt. ‘‘(9) any communication (other than a reci- ‘‘(2) the bankruptcy administrator for the ‘‘(b) UNITED STATES DISTRICT ATTORNEYS tation of the creditor’s legal rights) threat- district.’’. AND AGENTS OF THE FEDERAL BUREAU OF IN- ening a debtor (for the purpose of coercing (2) CLERICAL AMENDMENT.—The table of VESTIGATION—The individuals referred to in sections for chapter 1 of title 11, United an agreement for the reaffirmation of debt), subsection (a) are— States Code, is amended by adding at the end at any time after the commencement and be- ‘‘(1) a United States attorney for each judi- the following: fore the granting of a discharge in a case cial district of the United States; and ‘‘111. Credit counseling services; financial under this title, of an intention to— ‘‘(2) an agent of the Federal Bureau of In- management instructional ‘‘(A) file a motion to— vestigation (within the meaning of section courses.’’. ‘‘(i) determine the dischargeability of a 3107) for each field office of the Federal Bu- debt; or (f) LIMITATION.—Section 362 of title 11, reau of Investigation. ‘‘(ii) under section 707(b), øto¿ dismiss or United States Code, is amended by adding at convert a case; or ‘‘(c) BANKRUPTCY INVESTIGATIONS.—Each the end the following: ‘‘(B) repossess collateral from the debtor to United States attorney designated under this ‘‘(i) If a case commenced under chapter 7, which the stay applies.’’. section shall have primary responsibility for 11, or 13 øof this title¿ is dismissed due to the carrying out the duties of a United States creation of a debt repayment plan, for pur- SEC. 204. DISCOURAGING ABUSE OF REAFFIRMA- TION PRACTICES. attorney under section 3057.’’. poses of subsection (c)(3), any subsequent (2) CLERICAL AMENDMENT.—The analysis for case commenced by the debtor under any (a) IN GENERAL.—Section 524 of title 11, United States Code, as amended by section chapter 9 of title 18, United States Code, is such chapter shall not be presumed to be amended by adding at the end the following: filed not in good faith.’’. 202 of this Act, is amended— (1) in subsection (c)— ‘‘158. Designation of United States attorneys TITLE II—ENHANCED CONSUMER (A) in paragraph (2)— and agents of the Federal Bu- PROTECTION (i) in subparagraph (A), by striking ‘‘and’’ reau of Investigation to address Subtitle A—Penalties for Abusive Creditor at the end; abusive reaffirmations of Practices (ii) in subparagraph (B), by inserting ‘‘and’’ debt.’’. SEC. 201. PROMOTION OF ALTERNATIVE DISPUTE at the end; and (c) EXCEPTIONS TO DISCHARGE.—Section 523 RESOLUTION. (iii) by adding at the end the following: of title 11, United States Code, is amended by (a) REDUCTION OF CLAIM.—Section 502 of ‘‘(C)(i) the consideration for such agree- adding at the end the following: title 11, United States Code, is amended by ment is based on a wholly unsecured con- adding at the end the following: sumer debt; and ‘‘(f) Nothing in this section or in any other ‘‘(k)(1) The court, on the motion of the ‘‘(ii) such agreement contains a clear and provision of this title shall preempt any debtor and after a hearing, may reduce a conspicuous statement that advises the debt- State law relating to unfair trade practices claim filed under this section based in whole or that— that imposes restrictions on creditor con- on unsecured consumer debts by not more ‘‘(I) the debtor is entitled to a hearing be- duct that would give rise to liability— than 20 percent of the claim, if— fore the court at which— ‘‘(1) under this section; or ‘‘(A) the claim was filed by a creditor who ‘‘(aa) the debtor shall appear in person; and ‘‘(2) under section 524, for failure to comply unreasonably refused to negotiate a reason- ‘‘(bb) the court shall decide whether the with applicable requirements for seeking a able alternative repayment schedule pro- agreement constitutes an undue hardship, is reaffirmation of debt. posed by an approved credit counseling agen- not in the debtor’s best interest, or is not the ‘‘(g) ACTIONS BY STATES.—The attorney cy acting on behalf of the debtor; result of a threat by the creditor to take an general of a State, or an official or agency ‘‘(B) the offer of the debtor under subpara- action that, at the time of the threat, øthat¿ designated by a State— graph (A)— the creditor may not legally take or does not ‘‘(1) may bring an action on behalf of its ‘‘(i) was made at least 60 days before the intend to take; and residents to recover damages on their behalf filing of the petition; and ‘‘(II) if the debtor is represented by coun- under subsection (d) or section 524(c); and ‘‘(ii) provided for payment of at least 60 sel, the debtor may waive the debtor’s right ‘‘(2) may bring an action in a State court percent of the amount of the debt over a pe- to a hearing under subclause (I) by signing a to enforce a State criminal law that is simi- riod not to exceed the repayment period of statement— lar to section 152 or 157 of title 18.’’. S12014 CONGRESSIONAL RECORD — SENATE October 5, 1999 Subtitle B—Priority Child Support ø(1) in section 1129(a), by adding at the end mestic support obligation, and with respect to SEC. 211. DEFINITION OF DOMESTIC SUPPORT the following: whom the court certifies that all amounts OBLIGATION. ø‘‘(14) If the debtor is required by a judicial payable under such order or østatute that Section 101 of title 11, United States Code, is or administrative order or statute to pay a are due on or before the date¿ statute that ini- amended— domestic support obligation, the debtor has tially became payable after the date on which (1) by striking paragraph (12A); and paid all amounts payable under such order or the petition was filed through the date of the (2) by inserting after paragraph (14) the fol- statute for such obligation that become pay- øcertification (including amounts due before lowing: able after the date on which the petition is or after the petition was filed) have been ‘‘(14A) ‘domestic support obligation’ means a filed.’’;¿ paid’’ after ‘‘completion by the debtor of all debt that accrues before or after the entry of an (1) in section 1322(a)— payments under the plan’’.¿ certification have order for relief under this title that is— (A) in paragraph (2), by striking ‘‘and’’ at the been paid, after all amounts payable under that ‘‘(A) owed to or recoverable by— end; order that, as of the date of certification, are ‘‘(i) a spouse, former spouse, or child of the (B) in paragraph (3), by striking the period at owed directly to a spouse, former spouse, or debtor or such child’s parent or legal guardian; the end and inserting ‘‘; and’’; and child of the debtor, or the parent or legal guard- or (C) by adding in the end the following: ian of such child have been paid (unless the ‘‘(4) if the debtor is required by judicial or ad- ‘‘(ii) a governmental unit; holder of such claim agrees to a different treat- ministrative order or statute to pay a domestic ment of such claim),’’ after ‘‘completion by the ‘‘(B) in the nature of alimony, maintenance, support obligation, unless the holder of such debtor of all payments under the plan’’. or support (including assistance provided by a claim agrees to a different treatment of such governmental unit) of such spouse, former SEC. ø213.¿ 214. EXCEPTIONS TO AUTOMATIC claim, provide for the full payment of— STAY IN DOMESTIC SUPPORT OBLI- spouse, or child of the debtor or such child’s ‘‘(A) all amounts payable under such order or GATION PROCEEDINGS. parent or legal guardian, without regard to statute for such obligation that first become Section 362(b) of title 11, United States whether such debt is expressly so designated; payable after the date on which the petition is Code, is amended— ‘‘(C) established or subject to establishment filed; and (1) by striking paragraph (2) and inserting before or after entry of an order for relief under ‘‘(B) all amounts payable under such order the following: this title, by reason of applicable provisions of— before the date on which such petition was filed, ‘‘(2) under subsection (a)— ‘‘(i) a separation agreement, divorce decree, or if such amounts are owed directly to a spouse, ‘‘(A) of the commencement of an action or property settlement agreement; former spouse, child of the debtor, or a parent or proceeding for— ‘‘(ii) an order of a court of record; or legal guardian of such child.’’; ‘‘(i) the establishment of paternity øas a ‘‘(iii) a determination made in accordance (2) in section 1225(a)— part of an effort to collect domestic support with applicable nonbankruptcy law by a gov- (A) in paragraph (5), by striking ‘‘and’’ at the obligations¿; or ernmental unit; and end; ‘‘(ii) the establishment or modification of ‘‘(D) not assigned to a nongovernmental enti- (B) in paragraph (6), by striking the period at an order for domestic support obligations; or ty, unless that obligation is assigned voluntarily the end and inserting ‘‘; and’’; and ‘‘(B) the collection of a domestic support by the spouse, former spouse, child, or parent or (C) by adding at the end the following: obligation from property that¿ is not prop- legal guardian of the child for the purpose of ‘‘(7) if the debtor is required by a judicial or erty of the estate;’’; collecting the debt.’’. administrative order or statute to pay a domestic ø(2) in paragraph (17), by striking ‘‘or’’ at SEC. ø211.¿ 212. PRIORITIES FOR CLAIMS FOR DO- support obligation, the plan provides for the full the end; MESTIC SUPPORT OBLIGATIONS. payment of all amounts payable under such ø(3) in paragraph (18), by striking the pe- Section 507(a) of title 11, United States order or statute for such obligation that initially riod at the end and inserting a semicolon; Code, is amended— become payable after the date on which the pe- and (1) by striking paragraph (7); tition is filed.’’; ø(4) by inserting after paragraph (18) the (2) by redesignating paragraphs (1) through (3) in section 1228(a)— following: (6) as paragraphs (2) through (7), respec- (A) by striking ‘‘(a) As soon as practicable’’ ø‘‘(19) under subsection (a) with respect to tively; and inserting ‘‘(a)(1) Subject to paragraph (2), the withholding of income under an order as (3) in paragraph (2), as redesignated, by as soon as practicable’’; specified in section 466(b) of the Social Secu- striking ‘‘First’’ and inserting ‘‘Second’’; (B) by striking ‘‘(1) provided’’ and inserting rity Act (42 U.S.C. 666(b)); or (4) in paragraph (3), as redesignated, by the following: ø‘‘(20) under subsection (a) with respect striking ‘‘Second’’ and inserting ‘‘Third’’; ‘‘(A) provided’’; to—¿ (5) in paragraph (4), as redesignated, by (C) by striking ‘‘(2) of the kind’’ and inserting (2) by inserting after paragraph (4) the fol- striking ‘‘Third’’ and inserting ‘‘Fourth’’; the following: lowing: (6) in paragraph (5), as redesignated, by ‘‘(B) of the kind’’; and ‘‘(5) under subsection (a) with respect to the striking ‘‘Fourth’’ and inserting ‘‘Fifth’’; (D) by adding at the end the following: withholding of income— ‘‘(A) for payment of a domestic support obli- (7) in paragraph (6), as redesignated, by ‘‘(2) With respect to a debtor who is required gation for amounts that initially become pay- striking ‘‘Fifth’’ and inserting ‘‘Sixth’’; by a judicial or administrative order or statute able after the date the petition was filed; and to pay a domestic support obligation, the court (8) in paragraph (7), as redesignated, by ‘‘(B) for payment of a domestic support obli- may not grant the debtor a discharge under striking ‘‘Sixth’’ and inserting ‘‘Seventh’’; gation for amounts payable before the date the and paragraph (1) until after the debtor certifies petition was filed, and owed directly to the (9) by inserting before paragraph (2), as re- that— spouse, former spouse, or child of the debtor, or designated, the following: ‘‘(A) all amounts payable under that order or the parent or guardian of such child;’’; ‘‘(1) First, allowed unsecured claims for do- statute that initially became payable after the (3) in paragraph (17), by striking ‘‘or’’ at the mestic support obligations to be paid in the date on which the petition was filed (through end; following order on the condition that funds the date of the certification) have been paid; (4) in paragraph (18), by striking the period at received under this paragraph by a govern- and the end and inserting ‘‘; or’’; and mental unit in a case under this title be ap- ‘‘(B) all amounts payable under that order (5) by inserting after paragraph (18) the fol- plied and distributed in accordance with appli- that, as of the date of the certification, are owed lowing: cable nonbankruptcy law: directly to a spouse, former spouse, or child of ‘‘(19) under subsection (a) with respect to— ‘‘(A) Claims that, as of the date of entry of the debtor, or the parent or legal guardian of ‘‘(A) the withholding, suspension, or re- the order for relief, are owed directly to a such child, have been paid, unless the holder of striction of drivers’ licenses, professional spouse, former spouse, or child of the debtor, such claim agrees to a different treatment of and occupational licenses, and recreational or the parent or legal guardian of such child, such claim.’’; licenses under State law, as specified in sec- without regard to whether the claim is filed ø(2)¿ (4) in section 1325(a)— tion 466(a)(16) of the Social Security Act (42 by the spouse, former spouse, child, or øpar- (A) in paragraph (5), by striking ‘‘and’’ at U.S.C. 666(a)(16)) øor with respect¿; ent¿ such child’s parent or legal guardian, or is the end; ‘‘(B) øto¿ the reporting of overdue support filed by a governmental unit on behalf of (B) in paragraph (6), by striking the period owed by an absent parent to any consumer that person. at the end and inserting ‘‘; and’’; and reporting agency as specified in section ‘‘(B) Claims that, as of the date of entry of (C) by adding at the end the following: 466(a)(7) of the Social Security Act (42 U.S.C. the order for relief, are assigned by a spouse, ‘‘(7) if the debtor is required by a judicial 666(a)(7)); former spouse, child of the debtor, or the or administrative order or statute to pay a ‘‘ø(B)¿ (C) the interception of tax refunds, parent or legal guardian of that child to a domestic support obligation, øthe debtor has as specified in sections 464 and 466(a)(3) of governmental unit or are owed directly to a paid¿ the plan provides for full payment of all the Social Security Act (42 U.S.C. 664 and governmental unit under applicable non- amounts payable under such order for such 666(a)(3)), if such tax refund is payable directly bankruptcy law.’’. obligation that become payable after the to a spouse, former spouse, or child of the debt- SEC. ø212.¿ 213. REQUIREMENTS TO OBTAIN CON- date on which the petition is filed.’’; and or, or the parent or legal guardian of such FIRMATION AND DISCHARGE IN ø(3)¿ (5) in section 1328(a), in the matter child; or CASES INVOLVING DOMESTIC SUP- preceding paragraph (1), by inserting ‘‘, and ‘‘ø(C)¿ (D) the enforcement of medical obliga- PORT OBLIGATIONS. with respect to a debtor who is required by a tions as specified under title IV of the Social Se- Title 11, United States Code, is amended— judicial or administrative order to pay a do- curity Act (42 U.S.C. 601 et seq.).’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12015 SEC. ø214.¿ 215. NONDISCHARGEABILITY OF CER- ø‘‘(D) not assigned to a nongovernmental tion with a request made under subpara- TAIN DEBTS FOR ALIMONY, MAINTE- entity, unless that obligation is assigned vol- graph (A) shall not be liable to the debtor or NANCE, AND SUPPORT. untarily by the spouse, former spouse, child, any other person by reason of making that Section 523 of title 11, United States Code, or parent solely for the purpose of collecting disclosure.’’. is amended— the debt.’’.¿ (b) DUTIES OF TRUSTEE UNDER CHAPTER 11.— (1) in subsection (a), by striking para- ø SEC. 218. DISPOSABLE INCOME DEFINED. Section 1106 of title 11, United States Code, is graph (5) and inserting the following: (a) CONFIRMATION OF PLAN UNDER CHAPTER amended— ‘‘(5) for a domestic support obligation;’’; ø ¿ 12.—Section 1225(b)(2)(A) of title 11, United (1) in subsection (b)— (1) in subsection (a)— (A) in paragraph (5), by striking ‘‘and’’ at the States Code, is amended by inserting ‘‘for a (A) by striking paragraph (5) and inserting end; the following: child support, foster care, or disability payment (B) in paragraph (6), by striking the period ‘‘(5) for a domestic support obligation;’’; for a dependent child made in accordance with and inserting ‘‘; and’’; and (B) in paragraph (15)— applicable nonbankruptcy law’’ after ‘‘depend- (C) by adding at the end the following: (i) by inserting ‘‘or’’ after ‘‘court of record’’; ent of the debtor’’. ‘‘(7) if, with respect to an individual debtor, and (b) CONFIRMATION OF PLAN UNDER CHAPTER there is a claim for support of a child of the (ii) by striking ‘‘unless—’’ and all that follows 13.—Section 1325(b)(2)(A) of title 11, United debtor or a custodial parent or legal guardian of through the end of the paragraph and inserting States Code, is amended by inserting ‘‘or for a such child entitled to receive priority under sec- a semicolon; and child support, foster care, or disability payment tion 507(a)(1), provide the applicable notifica- (2) in subsection (c), by striking ‘‘(6), or for a dependent child made in accordance with tion specified in subsection (c).’’; and (15)’’ and inserting ‘‘or (6)’’ø; and¿. applicable nonbankruptcy law’’ after ‘‘depend- (2) by adding at the end the following: ø(3) in paragraph (15), by striking ‘‘govern- ent of the debtor’’. ‘‘(c)(1) In any case described in subsection mental unit’’ and all through the end of the SEC. 219. COLLECTION OF CHILD SUPPORT. (b)(7), the trustee shall— paragraph and inserting a semicolon.¿ (a) DUTIES OF TRUSTEE UNDER CHAPTER 7.— ‘‘(A)(i) notify in writing the holder of the SEC. ø215.¿ 216. CONTINUED LIABILITY OF PROP- Section 704 of title 11, United States Code, as claim of the right of that holder to use the serv- ERTY. amended by section 102(b) of this Act, is ices of a State child support enforcement agency Section 522 of title 11, United States Code, amended— established under sections 464 and 466 of the So- is amended— (1) in subsection (a)— cial Security Act (42 U.S.C. 664 and 666) for the (1) in subsection (c), by striking paragraph (A) in paragraph (8), by striking ‘‘and’’ at State in which the holder resides; and (1) and inserting the following: the end; ‘‘(ii) include in the notice under this para- ‘‘(1) a debt of a kind specified in paragraph (B) in paragraph (9), by striking the period graph the address and telephone number of the (1) or (5) of section 523(a) (in which case, not- and inserting ‘‘; and’’; and child support enforcement agency; and withstanding any provision of applicable (C) by adding at the end the following: ‘‘(B)(i) notify, in writing, the State child sup- nonbankruptcy law to the contrary, such ‘‘(10) if, with respect to an individual debt- port agency (of the State in which the holder of property shall be liable for a debt of a kind or, there is a claim for support of a child of the claim resides) of the claim; ‘‘(ii) include in the notice under this para- specified in section 523(a)(5));’’; and the debtor or a custodial parent or legal graph the name, address, and telephone number (2) in subsection (f)(1)(A), by striking the guardian of such child entitled to receive pri- of the holder of the claim; and dash and all that follows through the end of ority under section 507(a)(1), provide the ap- ‘‘(iii) at such time as the debtor is granted a the subparagraph and inserting ‘‘of a kind plicable notification specified in subsection discharge under section 1141, notify the holder that is specified in section 523(a)(5); or’’. (c).’’; and of the claim and the State child support agency SEC. ø216.¿ 217. PROTECTION OF DOMESTIC SUP- (2) by adding at the end the following: of the State in which that holder resides of— PORT CLAIMS AGAINST PREF- ‘‘(c)(1) In any case described in subsection ‘‘(I) the granting of the discharge; ERENTIAL TRANSFER MOTIONS. (a)(10), the trustee shall— ‘‘(II) the last recent known address of the Section 547(c)(7) of title 11, United States ‘‘(A)(i) notify in writing the holder of the debtor; and Code, is amended to read as follows: claim of the right of that holder to use the ‘‘(III) with respect to the debtor’s case, the ‘‘(7) to the extent such transfer was a bona services of a State child support enforcement name of each creditor that holds a claim that— fide payment of a debt for a domestic sup- agency established under sections 464 and 466 ‘‘(aa) is not discharged under paragraph (2), port obligation; or’’. of the Social Security Act (42 U.S.C. ø654¿ 664 (4), or (14A) of section 523(a); or øSEC. 217. AMENDMENT TO SECTION 1325 OF and 666, respectively) for the State in which ‘‘(bb) was reaffirmed by the debtor under sec- TITLE 11, UNITED STATES CODE. the holder resides for assistance in collecting tion 524(c). øSection 1325(b)(2) of title 11, United States child support during and after the bankruptcy ‘‘(2)(A) If, after receiving a notice under para- Code, is amended by inserting ‘‘(other than procedures; øand¿ graph (1)(B)(iii), a holder of a claim or a State child support payments, foster care pay- ‘‘(ii) include in the notice under this para- child support agency is unable to locate the ments, or disability payments for a depend- graph the address and telephone number of debtor that is the subject of the notice, that ent child made in accordance with applicable the child support enforcement agency; and party may request from a creditor described in nonbankruptcy law and which is reasonably ‘‘(iii) include in the notice an explanation of paragraph (1)(B)(iii)(III) (aa) or (bb) the last necessary to be expended)’’ after ‘‘received the rights of the holder of the claim to payment known address of the debtor. by the debtor’’. of the claim under this chapter; and ‘‘(B) Notwithstanding any other provision of øSEC. 218. DEFINITION OF DOMESTIC SUPPORT ‘‘(B)(i) notify in writing the State child law, a creditor that makes a disclosure of a last OBLIGATION. support agency of the State in which the known address of a debtor in connection with a øSection 101 of title 11, United States Code, holder of the claim resides of the claim; request made under subparagraph (A) shall not is amended— ‘‘(ii) include in the notice under this para- be liable to the debtor or any other person by ø(1) by striking paragraph (12A); and graph the name, address, and telephone num- reason of making that disclosure.’’. ø(2) by inserting after paragraph (14) the ber of the holder of the claim; and (c) DUTIES OF TRUSTEE UNDER CHAPTER 12.— following: ‘‘(iii) at such time as the debtor is granted Section 1202 of title 11, United States Code, is ø‘‘(14A) ‘domestic support obligation’ a discharge under section 727, notify the amended— means a debt that accrues before or after the holder of that claim and the State child sup- (1) in subsection (b)— entry of an order for relief under this title port agency of the State in which that hold- (A) in paragraph (4), by striking ‘‘and’’ at the that is— er resides of— end; (B) in paragraph (5), by striking the period ø‘‘(A) owed to or recoverable by— ‘‘(I) the granting of the discharge; and inserting ‘‘; and’’; and ‘‘(i) a spouse, former spouse, or child of ø ‘‘(II) the last recent known address of the (C) by adding at the end the following: the debtor or that child’s legal guardian; or debtor; and ‘‘(6) if, with respect to an individual debtor, ø‘‘(ii) a governmental unit; ‘‘(III) with respect to the debtor’s case, the there is a claim for support of a child of the ø‘‘(B) in the nature of alimony, mainte- name of each creditor that holds a claim debtor or a custodial parent or legal guardian of nance, or support (including assistance pro- that— such child entitled to receive priority under sec- vided by a governmental unit) of such ‘‘(aa) øthat¿ is not discharged under para- tion 507(a)(1), provide the applicable notifica- spouse, former spouse, or child, without re- graph (2), (4), or (14A) of section 523(a); or tion specified in subsection (c).’’; and gard to whether such debt is expressly so ‘‘(bb) øthat¿ was reaffirmed by the debtor (2) by adding at the end the following: designated; under section 524(c). ‘‘(c)(1) In any case described in subsection ø‘‘(C) established or subject to establish- ‘‘(2)(A) If, after receiving a notice under (b)(6), the trustee shall— ment before or after entry of an order for re- paragraph (1)(B)(iii), a holder of a claim or a ‘‘(A)(i) notify in writing the holder of the lief under this title, by reason of applicable State child support agency is unable to lo- claim of the right of that holder to use the serv- provisions of— cate the debtor that is the subject of the no- ices of a State child support enforcement agency ø‘‘(i) a separation agreement, divorce de- tice, that party may request from a creditor established under sections 464 and 466 of the So- cree, or property settlement agreement; described in paragraph (1)(B)(iii)(III) (aa) or cial Security Act (42 U.S.C. 664 and 666) for the ø‘‘(ii) an order of a court of record; or (bb) the last known address of the debtor. State in which the holder resides; and ø‘‘(iii) a determination made in accordance ‘‘(B) Notwithstanding any other provision ‘‘(ii) include in the notice under this para- with applicable nonbankruptcy law by a gov- of law, a creditor that makes a disclosure of graph the address and telephone number of the ernmental unit; and a last known address of a debtor in connec- child support enforcement agency; and S12016 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(B)(i) notify, in writing, the State child sup- tice, that party may request from a creditor documents filed to commence the case, and port agency (of the State in which the holder of described in paragraph (1)(B)(iii)(III) (aa) or the replacement value of each asset, as de- the claim resides) of the claim; (bb) the last known address of the debtor. fined in section 506, shall be stated in those ‘‘(ii) include in the notice under this para- ‘‘(B) Notwithstanding any other provision documents if requested after reasonable in- graph the name, address, and telephone number of law, a creditor that makes a disclosure of quiry to establish such value; of the holder of the claim; and a last known address of a debtor in connec- ø‘‘(C) total current monthly income, pro- ‘‘(iii) at such time as the debtor is granted a tion with a request made under subpara- jected monthly net income and, in a case discharge under section 1228, notify the holder graph (A) shall not be liable to the debtor or under chapter 13, monthly net income shall of the claim and the State child support agency any other person by reason of making that be stated after reasonable inquiry; and of the State in which that holder resides of— disclosure.’’. ø‘‘(D) information an assisted person pro- ‘‘(I) the granting of the discharge; Subtitle C—Other Consumer Protections vides during the case of that person may be ‘‘(II) the last recent known address of the øSEC. 221. DEFINITIONS. audited under this title and the failure to debtor; and ø(a) DEFINITIONS.—Section 101 of title 11, provide such information may result in dis- ‘‘(III) with respect to the debtor’s case, the United States Code, is amended— missal of the proceeding under this title or name of each creditor that holds a claim that— ø(1) by inserting after paragraph (3) the fol- other sanction including, in some instances, ‘‘(aa) is not discharged under paragraph (2), lowing: criminal sanctions. (4), or (14A) of section 523(a); or ‘‘(3A) ‘assisted person’ means any person ø‘‘(b) A debt relief agency providing bank- ‘‘(bb) was reaffirmed by the debtor under sec- ø whose debts consist primarily of consumer ruptcy assistance to an assisted person shall tion 524(c). provide each assisted person at the same ‘‘(2)(A) If, after receiving a notice under para- debts and whose nonexempt assets are less than $150,000;’’; time as the notices required under sub- graph (1)(B)(iii), a holder of a claim or a State section (a)(1) with the following statement, child support agency is unable to locate the ø(2) by inserting after paragraph (4) the fol- lowing: to the extent applicable, or a substantially debtor that is the subject of the notice, that similar statement. The statement shall be party may request from a creditor described in ø‘‘(4A) ‘bankruptcy assistance’ means any goods or services sold or otherwise provided clear and conspicuous and shall be in a single paragraph (1)(B)(iii)(III) (aa) or (bb) the last document separate from other documents or known address of the debtor. to an assisted person with the express or im- plied purpose of providing information, ad- notices provided to the assisted person: ‘‘(B) Notwithstanding any other provision of ‘‘ ‘IMPORTANT INFORMATION ABOUT vice, counsel, document preparation or fil- ø law, a creditor that makes a disclosure of a last BANKRUPTCY ASSISTANCE SERVICES ing, or attendance at a creditors’ meeting or known address of a debtor in connection with a FROM AN ATTORNEY OR BANKRUPTCY appearing in a proceeding on behalf of an- request made under subparagraph (A) shall not PETITION PREPARER other or providing legal representation with be liable to the debtor or any other person by ø‘‘ ‘If you decide to seek bankruptcy relief, reason of making that disclosure.’’. respect to a proceeding under this title;’’; you can represent yourself, you can hire an ø(b)¿ (d) DUTIES OF TRUSTEE UNDER CHAP- and attorney to represent you, or you can get TER 13.—Section 1302 of title 11, United ø(3) by inserting after paragraph (12A) the help in some localities from a bankruptcy States Code, øas amended by section 102(b) of following: petition preparer who is not an attorney. this Act,¿ is amended— ø‘‘(12B) ‘debt relief agency’ means any per- THE LAW REQUIRES AN ATTORNEY OR (1) in subsection (b)— son who provides any bankruptcy assistance BANKRUPTCY PETITION PREPARER TO (A) in paragraph (4), by striking ‘‘and’’ at to an assisted person in return for the pay- GIVE YOU A WRITTEN CONTRACT SPECI- the end; ment of money or other valuable consider- FYING WHAT THE ATTORNEY OR BANK- (B) in paragraph (5), by striking the period ation, or who is a bankruptcy petition pre- RUPTCY PETITION PREPARER WILL DO and inserting ‘‘; and’’; and parer under section 110, but does not include FOR YOU AND HOW MUCH IT WILL COST. (C) by adding at the end the following: any person that is any of the following or an Ask to see the contract before you hire any- ‘‘(6) if, with respect to an individual debt- officer, director, employee, or agent one. or, there is a claim for support of a child of thereof— ø‘‘ ‘The following information helps you the debtor or a custodial parent or legal ø‘‘(A) any nonprofit organization which is understand what must be done in a routine guardian of such child entitled to receive pri- exempt from taxation under section 501(c)(3) bankruptcy case to help you evaluate how ority under section 507(a)(1), provide the ap- of the Internal Revenue Code of 1986; much service you need. Although bank- plicable notification specified in subsection ø‘‘(B) any creditor of the person to the ex- ruptcy can be complex, many cases are rou- (d).’’; and tent the creditor is assisting the person to tine. ø(s)¿ (2) by adding at the end the following: restructure any debt owed by the person to ø‘‘ ‘Before filing a bankruptcy case, either ‘‘(d)(1) In any case described in subsection the creditor; or you or your attorney should analyze your (b)(6), the trustee shall— ø‘‘(C) any depository institution (as de- eligibility for different forms of debt relief ‘‘(A)(i) notify in writing the holder of the fined in section 3 of the Federal Deposit In- made available by the Bankruptcy Code and claim of the right of that holder to use the surance Act (12 U.S.C. 1813)) or any Federal which form of relief is most likely to be ben- services of a State child support enforcement credit union or State credit union (as those eficial for you. Be sure you understand the agency established under sections 464 and 466 terms are defined in section 101 of the Fed- relief you can obtain and its limitations. To of the Social Security Act (42 U.S.C. 664 and eral Credit Union Act (12 U.S.C. 1751)), or any file a bankruptcy case, documents called a 666, respectively) for the State in which the affiliate or subsidiary of such a depository Petition, Schedules and Statement of Finan- holder resides; and institution or credit union;’’. cial Affairs, as well as in some cases a State- ‘‘(ii) include in the notice under this para- ø(b) CONFORMING AMENDMENT.—Section ment of Intention need to be prepared cor- graph the address and telephone number of 104(b)(1) of title 11, United States Code, is rectly and filed with the bankruptcy court. the child support enforcement agency; and amended by inserting ‘‘101(3),’’ after ‘‘sec- You will have to pay a filing fee to the bank- ‘‘(B)(i) notify in writing the State child tions’’. ruptcy court. Once your case starts, you will support agency of the State in which the øSEC. 222. DISCLOSURES. have to attend the required first meeting of holder of the claim resides of the claim; ø(a) DISCLOSURES.—Subchapter II of chap- creditors where you may be questioned by a court official called a ‘‘trustee’’ and by øand¿ ter 5 of title 11, United States Code, is ‘‘(ii) include in the notice under this para- amended by adding at the end the following: creditors. ø‘‘ ‘If you choose to file a chapter 7 case, graph the name, address, and telephone num- ø‘‘§ 526. Disclosures you may be asked by a creditor to reaffirm ber of the holder of the claim; ‘‘(a) A debt relief agency providing bank- and ø a debt. You may want help deciding whether ruptcy assistance to an assisted person shall ‘‘(iii) at such time as the debtor is granted to do so and a creditor is not permitted to provide the following notices to the assisted a discharge under section 1328, notify the coerce you into reaffirming your debts. holder of the claim and the State child sup- person: ø‘‘ ‘If you choose to file a chapter 13 case in port agency of the State in which that hold- ø‘‘(1) The written notice required under which you repay your creditors what you can er resides of— section 342(b)(1). afford over 3 to 5 years, you may also want ‘‘(I) the granting of the discharge; ø‘‘(2) To the extent not covered in the writ- help with preparing your chapter 13 plan and ‘‘(II) the last recent known address of the ten notice described in paragraph (1) and not with the confirmation hearing on your plan debtor; and later than 3 business days after the first date which will be before a bankruptcy judge. ‘‘(III) with respect to the debtor’s case, the on which a debt relief agency first offers to ø‘‘ ‘If you select another type of relief name of each creditor that holds a claim provide any bankruptcy assistance services under the Bankruptcy Code other than chap- that— to an assisted person, a clear and con- ter 7 or chapter 13, you will want to find out ‘‘(aa) øthat¿ is not discharged under para- spicuous written notice advising assisted what needs to be done from someone familiar graph (2), (4), or (14A) of section 523(a); or persons that— with that type of relief. ‘‘(bb) øthat¿ was reaffirmed by the debtor ø‘‘(A) all information the assisted person is ø‘‘ ‘Your bankruptcy case may also involve under section 524(c). required to provide with a petition and litigation. You are generally permitted to ‘‘(2)(A) If, after receiving a notice under thereafter during a case under this title shall represent yourself in litigation in bank- paragraph (1)(B)(iii), a holder of a claim or a be complete, accurate, and truthful; ruptcy court, but only attorneys, not bank- State child support agency is unable to lo- ø‘‘(B) all assets and all liabilities shall be ruptcy petition preparers, can give you legal cate the debtor that is the subject of the no- completely and accurately disclosed in the advice.’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12017 ø‘‘(c) Except to the extent the debt relief under this title, using the following state- ure to file bankruptcy papers, including pa- agency provides the required information ment: ‘We are a debt relief agency. We help pers specified in section 521; or itself after reasonably diligent inquiry of the people file bankruptcy petitions to obtain re- ø‘‘(C) negligently or intentionally dis- assisted person or others so as to obtain such lief under the Bankruptcy Code.’ or a sub- regarded the material requirements of this information reasonably accurately for inclu- stantially similar statement. title or the Federal Rules of Bankruptcy sion on the petition, schedules or statement ø‘‘(2) For purposes of paragraph (1)(B), an Procedure applicable to such debt relief of financial affairs, a debt relief agency pro- advertisement shall be of bankruptcy assist- agency shall be liable to the assisted person viding bankruptcy assistance to an assisted ance services if that advertisement describes in the amount of any fees and charges in person, to the extent permitted by nonbank- or offers bankruptcy assistance with a plan connection with providing bankruptcy as- ruptcy law, shall provide each assisted per- under chapter 12, without regard to whether sistance to such person that the debt relief son at the time required for the notice re- chapter 13 is specifically mentioned. A state- agency has already been paid on account of quired under subsection (a)(1) reasonably suf- ment such as ‘federally supervised repay- that proceeding. ficient information (which may be provided ment plan’ or ‘Federal debt restructuring ø‘‘(3) In addition to such other remedies as orally or in a clear and conspicuous writing) help’ or any other similar statement that are provided under State law, whenever the to the assisted person on how to provide all would lead a reasonable consumer to believe chief law enforcement officer of a State, or the information the assisted person is re- that help with debts is being offered when in an official or agency designated by a State, quired to provide under this title pursuant to fact in most cases the help available is bank- has reason to believe that any person has section 521, including— ruptcy assistance with a plan under chapter violated or is violating section 526 or 527, the ø‘‘(1) how to value assets at replacement 13 is a statement covered under the pre- State— value, determine total current monthly in- ceding sentence. ø‘‘(A) may bring an action to enjoin such come, projected monthly income and, in a ø‘‘(b) A debt relief agency shall not— violation; case under chapter 13, net monthly income, ø‘‘(1) fail to perform any service that the ø‘‘(B) may bring an action on behalf of its and related calculations; debt relief agency has told the assisted per- residents to recover the actual damages of ø‘‘(2) how to complete the list of creditors, son or prospective assisted person the agency assisted persons arising from such violation, including how to determine what amount is would provide that person in connection including any liability under paragraph (2); owed and what address for the creditor with the preparation for or activities during and should be shown; and a proceeding under this title; ø‘‘(C) in the case of any successful action ø‘‘(3) how to— ø‘‘(2) make any statement, or counsel or under subparagraph (A) or (B), shall be ø‘‘(A) determine what property is exempt; advise any assisted person to make any awarded the costs of the action and reason- and statement in any document filed in a pro- able attorney fees as determined by the ø‘‘(B) value exempt property at replace- ceeding under this title, that— court. ment value, as defined in section 506. ø‘‘(A) is untrue and misleading; or ø‘‘(4) The United States District Court for ø‘‘(d) A debt relief agency shall maintain a ø‘‘(B) upon the exercise of reasonable care, any district located in the State shall have copy of the notices required under subsection should be known by the debt relief agency to concurrent jurisdiction of any action under (a) of this section for a period of 2 years after be untrue or misleading; subparagraph (A) or (B) of paragraph (3). the latest date on which the notice is given ø‘‘(3) misrepresent to any assisted person ø‘‘(5) Notwithstanding any other provision the assisted person.’’. or prospective assisted person, directly or in- of Federal law, if the court, on its own mo- ø(b) CONFORMING AMENDMENT.—The table directly, affirmatively or by material omis- tion or on the motion of the United States of sections for chapter 5 of title 11, United sion, what services the debt relief agency trustee, finds that a person intentionally States Code, is amended by inserting after may reasonably expect to provide that per- violated section 526 or 527, or engaged in a the item relating to section 525 the fol- son, or the benefits an assisted person may clear and consistent pattern or practice of lowing: obtain or the difficulties the person may ex- violating section 526 or 527, the court may— ø‘‘526. Disclosures.’’. perience if the person seeks relief in a pro- ø‘‘(A) enjoin the violation of such section; øSEC. 223. DEBTOR’S BILL OF RIGHTS. ceeding under this title; or or ø(a) DEBTOR’S BILL OF RIGHTS.—Subchapter ø‘‘(4) advise an assisted person or prospec- ø‘‘(B) impose an appropriate civil penalty II of chapter 5 of title 11, United States Code, tive assisted person to incur more debt in against such person. as amended by section 222 of this Act, is contemplation of that person filing a pro- ø‘‘(c) This section and sections 526 and 527 amended by adding at the end the following: ceeding under this title or in order to pay an shall not annul, alter, affect, or exempt any ø‘‘§ 527. Debtor’s bill of rights attorney or bankruptcy petition preparer fee person subject to those sections from com- or charge for services performed as part of ø‘‘(a)(1) A debt relief agency shall— plying with any law of any State except to preparing for or representing a debtor in a ø‘‘(A) not later than 5 business days after the extent that such law is inconsistent with the first date on which a debt relief agency proceeding under this title.’’. those sections, and then only to the extent of (b) CONFORMING AMENDMENT.—The table provides any bankruptcy assistance services ø the inconsistency.’’. of sections for chapter 5 of title 11, United to an assisted person, but before that as- ø(b) CONFORMING AMENDMENT.—The table States Code, as amended by section 222 of sisted person’s petition under this title is of sections for chapter 5 of title 11, United this Act, is amended by inserting after the filed— States Code, as amended by section 223 of item relating to section 526 of title 11, ø‘‘(i) execute a written contract with the this Act, is amended by inserting after the United States Code, the following: assisted person specifying clearly and con- item relating to section 527 of title 11, spicuously the services the agency will pro- ø[‘‘527. Debtor’s bill of rights.’’. United States Code, the following: vide the assisted person and the basis on ø[SEC. 224. ENFORCEMENT. ø‘‘528. Debt relief agency enforcement.’’.¿ which fees or charges will be made for such ø(a) ENFORCEMENT.—Subchapter II of chap- SEC. 221. AMENDMENTS TO DISCOURAGE ABU- services and the terms of payment; and ter 5 of title 11, United States Code, as SIVE BANKRUPTCY FILINGS. ø‘‘(ii) give the assisted person a copy of the amended by section 223 of this Act, is amend- Section 110 of title 11, United States Code, is fully executed and completed contract in a ed by adding at the end the following: amended— form the person is able to retain; ø‘‘§ 528. Debt relief agency enforcement (1) in subsection (a)(1), by inserting ‘‘, under ø‘‘(B) disclose in any advertisement of ø‘‘(a) Any waiver by any assisted person of the direct supervision of an attorney,’’ after bankruptcy assistance services or of the ben- any protection or right provided by or under ‘‘who’’; efits of bankruptcy directed to the general section 526 or 527 shall be void and may not (2) in subsection (b)— public (whether in general media, seminars be enforced by any Federal or State court or (A) in paragraph (1), by adding at the end the or specific mailings, telephonic or electronic any other person. following: ‘‘If a bankruptcy petition preparer is messages, or otherwise) that the services or ø‘‘(b)(1) Any contract between a debt relief not an individual, then an officer, principal, re- benefits are with respect to proceedings agency and an assisted person for bank- sponsible person, or partner of the preparer under this title, clearly and conspicuously ruptcy assistance that does not comply with shall be required to— using the statement: ‘We are a debt relief the material requirements of section 526 or ‘‘(A) sign the document for filing; and agency. We help people file bankruptcy peti- 527 shall be treated as void and may not be ‘‘(B) print on the document the name and ad- tions to obtain relief under the Bankruptcy enforced by any Federal or State court or by dress of that officer, principal, responsible per- Code.’ or a substantially similar statement; any other person. son or partner.’’; and ø‘‘(2) Any debt relief agency that has been (B) by striking paragraph (2) and inserting ø‘‘(C) if an advertisement directed to the found, after notice and hearing, to have— the following: general public indicates that the debt relief ø‘‘(A) negligently failed to comply with ‘‘(2)(A) Before preparing any document for fil- agency provides assistance with respect to any provision of section 526 or 527 with re- ing or accepting any fees from a debtor, the credit defaults, mortgage foreclosures, lease spect to a bankruptcy case or related pro- bankruptcy petition preparer shall provide to eviction proceedings, excessive debt, debt ceeding of an assisted person; the debtor a written notice to debtors concerning collection pressure, or inability to pay any ø‘‘(B) provided bankruptcy assistance to an bankruptcy petition preparers, which shall be consumer debt, disclose conspicuously in assisted person in a case or related pro- on an official form issued by the Judicial Con- that advertisement that the assistance is ceeding which is dismissed or converted be- ference of the United States. with respect to or may involve proceedings cause the debt relief agency’s negligent fail- ‘‘(B) The notice under subparagraph (A)— S12018 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(i) shall inform the debtor in simple language (ii) by inserting ‘‘by the bankruptcy petition ‘‘(3) The debtor, the trustee, a creditor, or the that a bankruptcy petition preparer is not an preparer shall be filed together with the peti- United States trustee may file a motion for an attorney and may not practice law or give legal tion,’’ after ‘‘perjury’’; and order imposing a fine on the bankruptcy peti- advice; (iii) by adding at the end the following: ‘‘If tion preparer for each violation of this section. ‘‘(ii) may contain a description of examples of rules or guidelines setting a maximum fee for ‘‘(4) All fines imposed under this section shall legal advice that a bankruptcy petition preparer services have been promulgated or prescribed be paid to the United States trustee, who shall is not authorized to give, in addition to any ad- under paragraph (1), the declaration under this deposit an amount equal to such fines in a spe- vice that the preparer may not give by reason of paragraph shall include a certification that the cial account of the United States Trustee System subsection (e)(2); and bankruptcy petition preparer complied with the Fund referred to in section 586(e)(2) of title 28. ‘‘(iii) shall— notification requirement under paragraph (1).’’; Amounts deposited under this paragraph shall ‘‘(I) be signed by— (D) by striking paragraph (3), as redesignated be available to fund the enforcement of this sec- ‘‘(aa) the debtor; and by subparagraph (A) of this paragraph, and in- tion on a national basis.’’. ‘‘(bb) the bankruptcy petition preparer, under serting the following: SEC. ø225.¿ 222. SENSE OF CONGRESS. penalty of perjury; and ‘‘(3)(A) The court shall disallow and order the It is the sense of Congress that States ‘‘(II) be filed with any document for filing.’’; immediate turnover to the bankruptcy trustee should develop curricula relating to the sub- (3) in subsection (c)— any fee referred to in paragraph (2) found to be (A) in paragraph (2)— ject of personal finance, designed for use in in excess of the value of any services— (i) by striking ‘‘(2) For purposes’’ and insert- elementary and secondary schools. ‘‘(i) rendered by the preparer during the 12- ing ‘‘(2)(A) Subject to subparagraph (B), for SEC. ø226.¿ 223. ADDITIONAL AMENDMENTS TO month period immediately preceding the date of purposes’’; and TITLE 11, UNITED STATES CODE. filing of the petition; or (ii) by adding at the end the following: (a) IN GENERAL.—Section 507(a) of title 11, ‘‘(B) If a bankruptcy petition preparer is not ‘‘(ii) found to be in violation of any rule or United States Code, as amended by section an individual, the identifying number of the guideline promulgated or prescribed under para- ø211¿ 212 of this Act, is amended by inserting bankruptcy petition preparer shall be the Social graph (1). after paragraph (9) the following: ‘‘(B) All fees charged by a bankruptcy peti- Security account number of the officer, prin- ‘‘(10) Tenth, allowed claims for death or tion preparer may be forfeited in any case in cipal, responsible person, or partner of the pre- personal injuries resulting from the oper- which the bankruptcy petition preparer fails to parer.’’; and ation of a motor vehicle or vessel if such op- (B) by striking paragraph (3); comply with this subsection or subsection (b), eration was unlawful because the debtor was (4) in subsection (d)— (c), (d), (e), (f), or (g). intoxicated from using alcohol, a drug, or (A) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’; ‘‘(C) An individual may exempt any funds re- another substance.’’. and covered under this paragraph under section (b) VESSELS.—Section 523(a)(9) of title 11, (B) by striking paragraph (2); 522(b).’’; and United States Code, is amended by inserting (5) in subsection (e)— (E) in paragraph (4), as redesignated by sub- ‘‘or vessel’’ after ‘‘vehicle’’. (A) by striking paragraph (2); and paragraph (A) of this paragraph, by striking SEC. 224. PROTECTION OF RETIREMENT SAVINGS (B) by adding at the end the following: ‘‘or the United States trustee’’ and inserting IN BANKRUPTCY. ‘‘(2)(A) A bankruptcy petition preparer may ‘‘the United States trustee, or the court, on the (a) IN GENERAL.—Section 522 of title 11, not offer a potential bankruptcy debtor any initiative of the court,’’; United States Code, as amended by section 215 legal advice, including any legal advice de- (9) in subsection (i)(1), by striking the matter of this Act, is amended— scribed in subparagraph (B). preceding subparagraph (A) and inserting the (1) in subsection (b)— ‘‘(B) The legal advice referred to in subpara- following: (A) in paragraph (2)— graph (A) includes advising the debtor— ‘‘(i) If a bankruptcy petition preparer violates (i) by striking ‘‘(2)(A) any property’’ and in- ‘‘(i) whether— this section or commits any act that the court serting: ‘‘(I) to file a petition under this title; or finds to be fraudulent, unfair, or deceptive, on ‘‘(3) Property listed in this paragraph is— ‘‘(II) commencing a case under chapter 7, 11, motion of the debtor, trustee, or United States ‘‘(A) any property’’; 12, or 13 is appropriate; trustee, and after the court holds a hearing with (ii) in subparagraph (A), by striking ‘‘and’’ at ‘‘(ii) whether the debtor’s debts will be elimi- respect to that violation or act, the court shall the end; nated or discharged in a case under this title; order the bankruptcy petition preparer to pay to (iii) in subparagraph (B), by striking the pe- ‘‘(iii) whether the debtor will be able to retain the debtor—’’; riod at the end and inserting ‘‘; and’’; and the debtor’s home, car, or other property after (10) in subsection (j)— (iv) by adding at the end the following: commencing a case under this title; (A) in paragraph (2)— ‘‘(C) retirement funds to the extent that those ‘‘(iv) concerning— (i) in subparagraph (A)(i)(I), by striking ‘‘a funds are in a fund or account that is exempt ‘‘(I) the tax consequences of a case brought violation of which subjects a person to criminal from taxation under section 401, 403, 408, 408A, under this title; or penalty’’; 414, 457, or 501(a) of the Internal Revenue Code ‘‘(II) the dischargeability of tax claims; (ii) in subparagraph (B)— of 1986.’’; ‘‘(v) whether the debtor may or should prom- (I) by striking ‘‘or has not paid a penalty’’ (B) by striking paragraph (1) and inserting: ‘‘(2) Property listed in this paragraph is prop- ise to repay debts to a creditor or enter into a re- and inserting ‘‘has not paid a penalty’’; and affirmation agreement with a creditor to reaf- (II) by inserting ‘‘or failed to disgorge all fees erty that is specified under subsection (d), un- firm a debt; ordered by the court’’ after ‘‘a penalty imposed less the State law that is applicable to the debt- ‘‘(vi) concerning how to characterize the na- under this section,’’; or under paragraph (3)(A) specifically does not ture of the debtor’s interests in property or the (B) by redesignating paragraph (3) as para- so authorize.’’; (C) in the matter preceding paragraph (2)— debtor’s debts; or graph (4); and ‘‘(vii) concerning bankruptcy procedures and (i) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; (C) by inserting after paragraph (2) the fol- rights.’’; (ii) by striking ‘‘paragraph (2)’’ both places it lowing: (6) in subsection (f)— appears and inserting ‘‘paragraph (3)’’; ‘‘(3) The court, as part of its contempt power, (A) by striking ‘‘(f)(1)’’ and inserting ‘‘(f)’’; (iii) by striking ‘‘paragraph (1)’’ each place it may enjoin a bankruptcy petition preparer that and appears and inserting ‘‘paragraph (2)’’; and (B) by striking paragraph (2); has failed to comply with a previous order (iv) by striking ‘‘Such property is—’’; and (7) in subsection (g)— issued under this section. The injunction under (D) by adding at the end of the subsection the (A) by striking ‘‘(g)(1)’’ and inserting ‘‘(g)’’; this paragraph may be issued upon motion of following: and the court, the trustee, or the United States trust- ‘‘(4) For purposes of paragraph (3)(C) and (B) by striking paragraph (2); ee.’’; and subsection (d)(12), the following shall apply: (8) in subsection (h)— (11) by adding at the end the following: ‘‘(A) If the retirement funds are in a retire- (A) by redesignating paragraphs (1) through ‘‘(l)(1) A bankruptcy petition preparer who ment fund that has received a favorable deter- (4) as paragraphs (2) through (5), respectively; fails to comply with any provision of subsection mination pursuant to section 7805 of the Inter- (B) by inserting before paragraph (2), as so re- (b), (c), (d), (e), (f), (g), or (h) may be fined not nal Revenue Code of 1986, and that determina- designated, the following: more than $500 for each such failure. tion is in effect as of the date of the commence- ‘‘(h)(1) The Supreme Court may promulgate ‘‘(2) The court shall triple the amount of a ment of the case under section 301, 302, or 303 of rules under section 2075 of title 28, or the Judi- fine assessed under paragraph (1) in any case in this title, those funds shall be presumed to be cial Conference of the United States may pre- which the court finds that a bankruptcy peti- exempt from the estate. scribe guidelines, for setting a maximum allow- tion preparer— ‘‘(B) If the retirement funds are in a retire- able fee chargeable by a bankruptcy petition ‘‘(A) advised the debtor to exclude assets or ment fund that has not received a favorable de- preparer. A bankruptcy petition preparer shall income that should have been included on appli- termination pursuant to such section 7805, those notify the debtor of any such maximum amount cable schedules; funds are exempt from the estate if the debtor before preparing any document for filing for a ‘‘(B) advised the debtor to use a false Social demonstrates that— debtor or accepting any fee from the debtor.’’; Security account number; ‘‘(i) no prior determination to the contrary (C) in paragraph (2), as redesignated by sub- ‘‘(C) failed to inform the debtor that the debt- has been made by a court or the Internal Rev- paragraph (A) of this paragraph— or was filing for relief under this title; or enue Service; and (i) by striking ‘‘Within 10 days after the date ‘‘(D) prepared a document for filing in a man- ‘‘(ii)(I) the retirement fund is in substantial of filing a petition, a bankruptcy petition pre- ner that failed to disclose the identity of the compliance with the applicable requirements of parer shall file a’’ and inserting ‘‘A’’; preparer. the Internal Revenue Code of 1986; or October 5, 1999 CONGRESSIONAL RECORD — SENATE S12019 ‘‘(II) the retirement fund fails to be in sub- 401, 403, 408, 408A, 414, 457, or 501(c) of the In- ‘‘(bb) provide adequate protection as or- stantial compliance with the applicable require- ternal Revenue Code of 1986, pursuant to— dered by the court; or ments of the Internal Revenue Code of 1986 and ‘‘(A) a loan permitted under section 408(b)(1) ‘‘(cc) perform the terms of a plan con- the debtor is not materially responsible for that of the Employee Retirement Income Security Act firmed by the court; or failure. of 1974, or subject to section 72(p) of the Inter- ‘‘(III) there has not been a substantial ‘‘(C) A direct transfer of retirement funds from nal Revenue Code of 1986; or change in the financial or personal affairs of 1 fund or account that is exempt from taxation ‘‘(B) a loan from the thrift savings plan de- the debtor since the dismissal of the next under section 401, 403, 408, 408A, 414, 457, or scribed in subchapter III of title 5, that satisfies most previous case under chapter 7, 11, or 13 501(a) of the Internal Revenue Code of 1986, the requirements of section 8433(g) of such title. øof this title¿, or any other reason to con- pursuant to section 401(a)(31) of the Internal Nothing in paragraph (19) may be construed to clude that the later case will be concluded— Revenue Code of 1986, or otherwise, shall not provide that any loan made under a govern- ‘‘(aa) if a case under chapter 7 øof this cease to qualify for exemption under paragraph mental plan under section 414(d), or a contract title¿, with a discharge; or (3)(C) or subsection (d)(12) by reason of that di- or account under section 403(b), of the Internal ‘‘(bb) if a case under chapter 11 or 13 øof rect transfer. Revenue Code of 1986 constitutes a claim or a this title¿, with a confirmed plan which will ‘‘(D)(i) Any distribution that qualifies as an debt under this title.’’ be fully performed; and eligible rollover distribution within the meaning (d) PLAN CONTENTS.—Section 1322 of title 11, ‘‘(ii) as to any creditor that commenced an of section 402(c) of the Internal Revenue Code of United States Code, is amended by adding at the action under subsection (d) in a previous 1986 or that is described in clause (ii) shall not end the following: case in which the individual was a debtor if, cease to qualify for exemption under paragraph ‘‘(f) A plan may not materially alter the terms as of the date of dismissal of such case, that (3)(C) or subsection (d)(12) by reason of that dis- of a loan described in section 362(b)(20).’’. action was still pending or had been resolved tribution. TITLE III—DISCOURAGING BANKRUPTCY by terminating, conditioning, or limiting the ‘‘(ii) A distribution described in this clause is ABUSE stay as to actions of such creditor; and an amount that— ‘‘(4)(A)(i) if a single or joint case is filed by ‘‘(I) has been distributed from a fund or ac- SEC. 301. REINFORCEMENT OF THE FRESH START. or against an individual debtor under this count that is exempt from taxation under sec- Section 523(a)(17) of title 11, United States title, and if 2 or more single or joint cases of tion 401, 403, 408, 408A, 414, 457, or 501(a) of the Code, is amended— the debtor were pending within the previous Internal Revenue Code of 1986; and year but were dismissed, other than a case ‘‘(II) to the extent allowed by law, is deposited (1) by striking ‘‘by a court’’ and inserting refiled under section 707(b), the stay under in such a fund or account not later than 60 days ‘‘on a prisoner by any court’’, subsection (a) shall not go into effect upon after the distribution of that amount.’’; and (2) by striking ‘‘section 1915(b) or (f)’’ and the filing of the later case; and (2) in subsection (d)— inserting ‘‘subsection (b) or (f)(2) of section (A) in the matter preceding paragraph (1), by 1915’’, and ‘‘(ii) on request of a party in interest, the striking ‘‘subsection (b)(1)’’ and inserting ‘‘sub- (3) by inserting ‘‘(or a similar non-Federal court shall promptly enter an order con- section (b)(2)’’; and law)’’ after ‘‘title 28’’ each place it appears. firming that no stay is in effect; (B) by adding at the end the following: SEC. 302. DISCOURAGING BAD FAITH REPEAT ‘‘(B) if, within 30 days after the filing of ‘‘(12) Retirement funds to the extent that FILINGS. the later case, a party in interest requests those funds are in a fund or account that is ex- Section 362(c) of title 11, United States the court may order the stay to take effect empt from taxation under section 401, 403, 408, Code, is amended— in the case as to any or all creditors (subject 408A, 414, 457, or 501(a) of the Internal Revenue (1) in paragraph (1), by striking ‘‘and’’ at to such conditions or limitations as the Code of 1986.’’. the end; court may impose), after notice and hearing, (b) AUTOMATIC STAY.—Section 362(b) of title (2) in paragraph (2), by striking the period only if the party in interest demonstrates 11, United States Code, as amended by section at the end and inserting a semicolon; and that the filing of the later case is in good 214 of this Act, is amended— (3) by adding at the end the following: faith as to the creditors to be stayed; (1) in paragraph (18), by striking ‘‘or’’ at the ‘‘(3) if a single or joint case is filed by or ‘‘(C) a stay imposed under subparagraph end; against an individual debtor under chapter 7, (B) shall be effective on the date of entry of (2) in paragraph (19), by striking the period 11, or 13, and if a single or joint case of the the order allowing the stay to go into effect; and inserting ‘‘; or’’; debtor was pending within the preceding 1- and (3) by inserting after paragraph (19) the fol- year period but was dismissed, other than a ‘‘(D) for purposes of subparagraph (B), a lowing: case refiled under a chapter other than chap- case is presumptively not filed in good faith ‘‘(20) under subsection (a), of withholding of ter 7 after dismissal under section 707(b)— (but such presumption may be rebutted by income from a debtor’s wages and collection of ‘‘(A) the stay under subsection (a) with re- clear and convincing evidence to the con- amounts withheld, pursuant to the debtor’s spect to any action taken with respect to a trary)— agreement authorizing that withholding and debt or property securing such debt or with ‘‘(i) as to all creditors if— collection for the benefit of a pension, profit- respect to any lease will terminate with re- ‘‘(I) 2 or more previous cases under this sharing, stock bonus, or other plan established spect to the debtor on the 30th day after the title in which the individual was a debtor under section 401, 403, 408, 408A, 414, 457, or filing of the later case; were pending within the 1-year period; 501(a) of the Internal Revenue Code of 1986 that ‘‘(B) upon motion by a party in interest for ‘‘(II) a previous case under this title in is sponsored by the employer of the debtor, or an continuation of the automatic stay and upon which the individual was a debtor was dis- affiliate, successor, or predecessor of such notice and a hearing, the court may extend missed within the time period stated in this employer— the stay in particular cases as to any or all paragraph after the debtor failed to file or ‘‘(A) to the extent that the amounts withheld creditors (subject to such conditions or limi- amend the petition or other documents as re- and collected are used solely for payments relat- tations as the court may then impose) after quired by this title or the court without sub- ing to a loan from a plan that satisfies the re- notice and a hearing completed before the stantial excuse (but mere inadvertence or quirements of section 408(b)(1) of the Employee expiration of the 30-day period only if the negligence shall not be substantial excuse Retirement Income Security Act of 1974 or is party in interest demonstrates that the fil- unless the dismissal was caused by the neg- subject to section 72(p) of the Internal Revenue ing of the later case is in good faith as to the ligence of the debtor’s attorney), failed to Code of 1986; or creditors to be stayed; and pay adequate protection as ordered by the ‘‘(B) in the case of a loan from a thrift sav- ‘‘(C) for purposes of subparagraph (B), a court, or failed to perform the terms of a ings plan described in subchapter III of title 5, case is presumptively filed not in good faith plan confirmed by the court; or that satisfies the requirements of section 8433(g) (but such presumption may be rebutted by ‘‘(III) there has not been a substantial of such title;’’; and change in the financial or personal affairs of (4) by adding at the end of the flush material clear and convincing evidence to the con- trary)— the debtor since the dismissal of the next at the end of the subsection, the following: most previous case under this title, or any ‘‘Nothing in paragraph (20) may be construed to ‘‘(i) as to all creditors, if— ‘‘(I) more than 1 previous case under any of other reason to conclude that the later case provide that any loan made under a govern- will not be concluded, if a case under chapter mental plan under section 414(d), or a contract chapter 7, 11, or 13 in which the individual was a debtor was pending within the pre- 7, with a discharge, and if a case under chap- or account under section 403(b), of the Internal ter 11 or 13, with a confirmed plan that will Revenue Code of 1986 constitutes a claim or a ceding 1-year period; ‘‘(II) a previous case under any of chapter be fully performed; or debt under this title.’’. ‘‘(ii) as to any creditor that commenced an (c) EXCEPTIONS TO DISCHARGE.—Section 7, 11, or 13 in which the individual was a action under subsection (d) in a previous 523(a) of title 11, United States Code, is debtor was dismissed within such 1-year pe- case in which the individual was a debtor if, amended— riod, after the debtor failed to— as of the date of dismissal of such case, such (1) by striking ‘‘or’’ at the end of paragraph ‘‘(aa) file or amend the petition or other action was still pending or had been resolved (17); documents as required by this title or the (2) by striking the period at the end of para- court without substantial excuse (but mere by terminating, conditioning, or limiting the graph (18) and inserting ‘‘; or’’; and inadvertence or negligence shall not be a stay as to action of such creditor.’’. (3) by adding at the end the following: substantial excuse unless the dismissal was SEC. 303. CURBING ABUSIVE FILINGS. ‘‘(19) owed to a pension, profit-sharing, stock caused by the negligence of the debtor’s at- (a) IN GENERAL.—Section 362(d) of title 11, bonus, or other plan established under section torney); United States Code, is amended— S12020 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) in paragraph (2), by striking ‘‘or’’ at the in the 45-day period specified in subsection ency, or existence of a proceeding under this end; (a)(6), the personal property affected shall no title or the insolvency of the debtor. Nothing (2) in paragraph (3), by striking the period longer be property of the estate, and the in this subsection shall be deemed to justify at the end and inserting ‘‘; or’’; and creditor may take whatever action as to limiting such a provision in any other cir- (3) by adding at the end the following: such property as is permitted by applicable cumstance.’’. ‘‘(4) with respect to a stay of an act against nonbankruptcy law, unless the court deter- SEC. 306. GIVING SECURED CREDITORS FAIR real property under subsection (a), by a cred- mines on the motion of the trustee, and after TREATMENT IN CHAPTER 13. itor whose claim is secured by an interest in notice and a hearing, that such property is of (a) IN GENERAL.—Section 1325(a)(5)(B)(i) of such real estate, if the court finds that the consequential value or benefit to the es- title 11, United States Code, is amended to filing of the bankruptcy petition was part of tate.’’; and read as follows: a scheme to delay, hinder, and defraud credi- (2) in section 722, by inserting ‘‘in full at ‘‘(i) the plan provides that— tors that involved either— the time of redemption’’ before the period at ‘‘(I) the holder of such claim retain the lien ‘‘(A) transfer of all or part ownership of, or the end. securing such claim until the earlier of— other interest in, the real property without SEC. 305. RELIEF FROM THE AUTOMATIC STAY ‘‘(aa) the payment of the underlying debt the consent of the secured creditor or court WHEN THE DEBTOR DOES NOT COM- determined under nonbankruptcy law; or approval; or PLETE INTENDED SURRENDER OF ‘‘(bb) discharge under section 1328; and CONSUMER DEBT COLLATERAL. ‘‘(B) multiple bankruptcy filings affecting ‘‘(II) if the case under this chapter is dis- Title 11, United States Code, is amended— the real property. missed or converted without completion of (1) in section 362— the plan, such lien shall also be retained by If recorded in compliance with applicable (A) in subsection (c), by striking ‘‘(e), and such holder to the extent recognized by ap- State laws governing notices of interests or (f)’’ and inserting ‘‘(e), (f), and (h)’’; and plicable nonbankruptcy law; and’’. liens in real property, an order entered under (B) by redesignating subsection (h), as (b) RESTORING THE FOUNDATION FOR SE- this subsection shall be binding in any other amended by section 227 of this Act, as sub- CURED CREDIT.—Section 1325(a) of title 11, case under this title purporting to affect the section (j) and by inserting after subsection United States Code, is amended by adding at real property filed not later than 2 years (g) the following: after that recording, except that a debtor in ‘‘(h)(1) Subject to paragraph (2), in an indi- the end the following flush sentence: a subsequent case may move for relief from vidual case under chapter 7, 11, or 13 the stay ‘‘For purposes of paragraph (5), section 506 such order based upon changed cir- provided by subsection (a) is terminated with shall not apply to a claim described in that cumstances or for good cause shown, after respect to property of the estate securing in paragraph if the debt that is the subject of notice and a hearing.’’. whole or in part a claim, or subject to an un- the claim was incurred within the 5-year pe- (b) AUTOMATIC STAY.—Section 362(b) of expired lease, if the debtor fails within the riod preceding the filing of the petition and title 11, United States Code, as amended by applicable period of time set by section the collateral for that debt consists of a section ø213¿ 224 of this Act, is amended— 521(a)(2) to— motor vehicle (as defined in section 30102 of (1) in paragraph (19), by striking ‘‘or’’ at ‘‘(A) file timely any statement of intention title 49) acquired for the personal use of the the end; required under section 521(a)(2) with respect debtor, or if collateral for that debt consists (2) in paragraph (20), by striking the period to that property or to indicate therein that of any other thing of value, if the debt was at the end; and the debtor— incurred during the 6-month period pre- (3) by inserting after paragraph (20) the fol- ‘‘(i) will either surrender the property or ceding that filing.’’. (c) DEFINITIONS.—Section 101 of title 11, lowing: retain the property; and United States Code, as amended by section ‘‘(21) under subsection (a), of any act to en- ‘‘(ii) if retaining the property, will, as 221 211 of this Act, is amended— force any lien against or security interest in applicable— ø ¿ (1) by inserting after paragraph (13) the fol- real property following the entry of an order ‘‘(I) redeem the property under section 722; lowing: under section 362(d)(4) as to that property in ‘‘(II) reaffirm the debt the property secures ‘‘(13A) ‘debtor’s principal residence’— any prior bankruptcy case for a period of 2 under section 524(c); or ‘‘(A) means a residential structure, includ- years after entry of such an order, except ‘‘(III) assume the unexpired lease under ing incidental property, without regard to that the debtor, in a subsequent case, may section 365(p) if the trustee does not do so; or whether that structure is attached to real move the court for relief from such order ‘‘(B) take timely the action specified in property; and based upon changed circumstances or for that statement of intention, as the state- ‘‘(B) includes an individual condominium other good cause shown, after notice and a ment may be amended before expiration of or cooperative unit;’’; and hearing; or the period for taking action, unless the (2) by inserting after paragraph (27), the ‘‘(22) under subsection (a), of any act to en- statement of intention specifies reaffirma- following: force any lien against or security interest in tion and the creditor refuses to reaffirm on ‘‘(27A) ‘incidental property’ means, with real property— the original contract terms. ‘‘(A) if the debtor is ineligible under sec- ‘‘(2) Paragraph (1) shall not apply if the respect to a debtor’s principal residence— tion 109(g) to be a debtor in a bankruptcy court determines on the motion of the trust- ‘‘(A) property commonly conveyed with a case; or ee, and after notice and a hearing, that such principal residence in the area where the real ‘‘(B) if the bankruptcy case was filed in property is of consequential value or benefit estate is located; violation of a bankruptcy court order in a to the estate.’’; and ‘‘(B) all easements, rights, appurtenances, prior bankruptcy case prohibiting the debtor (2) in section 521, as amended by section 304 fixtures, rents, royalties, mineral rights, oil from being a debtor in another bankruptcy of this Act— or gas rights or profits, water rights, escrow case.’’. (A) in subsection (a)(2), as redesignated by funds, or insurance proceeds; and SEC. 304. DEBTOR RETENTION OF PERSONAL section 105(d) of this Act— ‘‘(C) all replacements or additions;’’. PROPERTY SECURITY. (i) by striking ‘‘consumer’’; SEC. 307. EXEMPTIONS. Title 11, United States Code, is amended— (ii) in subparagraph (B)— Section ø522(b)(2)(A)¿ 522(b)(3)(A) of title (1) in section 521(a), as so redesignated by (I) by striking ‘‘forty-five days after the 11, United States Code, as so designated by section 105(d) of this Act— filing of a notice of intent under this sec- section 224 of this Act, is amended— (A) in paragraph (4), by striking ‘‘and’’ at tion’’ and inserting ‘‘30 days after the first (1) by striking ‘‘180’’ and inserting ‘‘730’’; the end; date set for the meeting of creditors under and (B) in paragraph (5), by striking the period section 341(a)’’; and (2) by striking ‘‘, or for a longer portion of at the end and inserting ‘‘; and’’; and (II) by striking ‘‘forty-five day period’’ and such 180-day period than in any other place’’. (C) by adding at the end the following: inserting ‘‘30-day period’’; and SEC. 308. RESIDENCY REQUIREMENT FOR HOME- ‘‘(6) in an individual case under chapter 7 (iii) in subparagraph (C), by inserting ‘‘ex- STEAD EXEMPTION. øof this title¿, not retain possession of per- cept as provided in section 362(h)’’ before the Section 522 of title 11, United States Code, sonal property as to which a creditor has an semicolon; and as amended by section 307 of this Act, is allowed claim for the purchase price secured (B) by adding at the end the following: amended— in whole or in part by an interest in that per- ‘‘(c) If the debtor fails timely to take the (1) in subsection ø(b)(2)(A)¿ (b)(3)(A), by in- sonal property unless, in the case of an indi- action specified in subsection (a)(6), or in serting ‘‘subject to subsection (n),’’ before vidual debtor, the debtor within 45 days after paragraph (1) or (2) of section 362(h), with re- ‘‘any property’’; and the first meeting of creditors under section spect to property which a lessor or bailor (2) by adding at the end the following: 341(a)— owns and has leased, rented, or bailed to the ‘‘(n) For purposes of subsection ø(b)(2)(A)¿ ‘‘(A) enters into an agreement with the debtor or as to which a creditor holds a secu- (b)(3)(A), and notwithstanding subsection (a), creditor under section 524(c) with respect to rity interest not otherwise voidable under the value of an interest in— the claim secured by such property; or section 522(f), 544, 545, 547, 548, or 549, nothing ‘‘(1) real or personal property that the ‘‘(B) redeems such property from the secu- in this title shall prevent or limit the oper- debtor or a dependent of the debtor uses as a rity interest under section 722.’’; and ation of a provision in the underlying lease residence; (C) by adding at the end the following: or agreement that has the effect of placing ‘‘(2) a cooperative that owns property that ‘‘(b) øIf the debtor¿ For purposes of sub- the debtor in default under that lease or the debtor or a dependent of the debtor uses section (a)(6), if the debtor fails to so act with- agreement by reason of the occurrence, pend- as a residence; or October 5, 1999 CONGRESSIONAL RECORD — SENATE S12021

‘‘(3) a burial plot for the debtor or a de- (c) ADEQUATE PROTECTION OF LESSORS AND (C) by adding at the end the following: pendent of the debtor; PURCHASE MONEY SECURED CREDITORS.— ‘‘(iii) if— shall be reduced to the extent such value is ø(1) IN GENERAL.—Subchapter I of chapter ‘‘(I) property to be distributed pursuant to attributable to any portion of any property 13 of title 11, United States Code, is amended this subsection is in the form of periodic pay- that the debtor disposed of in the 730-day pe- by inserting after section 1307 the following: ments, such payments shall be in equal monthly riod ending on the date of the filing of the ø‘‘§ 1308. Adequate protection in chapter 13 amounts; and petition, with the intent to hinder, delay, or cases ‘‘(II) the holder of the claim is secured by per- defraud a creditor and that the debtor could ø‘‘(a)(1)(A) On or before the date that is 30 sonal property the amount of such payments not exempt, or that portion that the debtor days after the filing of a case under this shall not be less than an amount sufficient to could not exempt, under subsection (b) if on chapter, the debtor shall make cash pay- provide to the holder of such claim adequate such date the debtor had held the property so ments in an amount determined under para- protection during the period of the plan; or’’. disposed of.’’. graph (2), to— (2) PAYMENTS.—Section 1326(a) of title 11, SEC. 309. PROTECTING SECURED CREDITORS IN ø‘‘(i) any lessor of personal property; and United States Code, is amended to read as fol- CHAPTER 13 CASES. ø‘‘(ii) any creditor holding a claim secured lows: (a) STOPPING ABUSIVE CONVERSIONS FROM by personal property to the extent that the ‘‘(a)(1) Unless the court orders otherwise, the CHAPTER 13.—Section 348(f)(1) of title 11, claim is attributable to the purchase of that debtor shall— United States Code, is amended— property by the debtor. ‘‘(A) commence making the payments pro- (1) in subparagraph (A), by striking ‘‘and’’ ø‘‘(B) The debtor or the plan shall continue posed by a plan within 30 days after the plan is at the end; making the adequate protection payments filed; or (2) in subparagraph (B)— until the earlier of the date on which— ‘‘(B) if no plan is filed then as specified in the (A) by striking ‘‘in the converted case, ø‘‘(i) the creditor begins to receive actual proof of claim, within 30 days after the order for with allowed secured claims’’ and inserting payments under the plan; or relief or within 15 days after the plan is filed, ‘‘only in a case converted to chapter 11 or 12 ø‘‘(ii) the debtor relinquishes possession of whichever is earlier. but not in a case converted to chapter 7, with the property referred to in subparagraph (A) ‘‘(2) A payment made under this section shall allowed secured claims in cases under chap- to— be retained by the trustee until confirmation, ters 11 and 12’’; and ø‘‘(I) the lessor or creditor; or denial of confirmation, or paid by the trustee as (B) by striking the period and inserting ‘‘; ø‘‘(II) any third party acting under claim adequate protection payments in accordance and’’; and of right. with paragraph (3). If a plan is confirmed, the (3) by adding at the end the following: ø‘‘(2) The payments referred to in para- trustee shall distribute any such payment in ac- ‘‘(C) with respect to cases converted from graph (1)(A) shall be the contract amount. cordance with the plan as soon as is practicable. chapter 13— ø‘‘(b)(1) Subject to the limitations under If a plan is not confirmed, the trustee shall re- ‘‘(i) the claim of any creditor holding secu- paragraph (2), the court may, after notice turn any such payments not previously paid to rity as of the date of the petition shall con- and hearing, change the amount, and timing creditors pursuant to paragraph (3) to the debt- tinue to be secured by that security unless of the dates of payment, of payments made or, after deducting any unpaid claim allowed the full amount of such claim determined under subsection (a). under section 503(b). under applicable nonbankruptcy law has ø‘‘(2)(A) The payments referred to in para- ‘‘(3)(A) As soon as is practicable, and not been paid in full as of the date of conversion, graph (1) shall be payable not less frequently later than 40 days after the filing of the case, notwithstanding any valuation or deter- than monthly. the trustee shall— mination of the amount of an allowed se- ø‘‘(B) The amount of payments referred to ‘‘(i) pay from payments made under this sec- cured claim made for the purposes of the in paragraph (1) shall not be less than the tion the adequate protection payments proposed chapter 13 proceeding; and amount of any weekly, biweekly, monthly, in the plan; or ‘‘(ii) unless a prebankruptcy default has or other periodic payment schedules as pay- ‘‘(ii) if no plan is filed then, according to the been fully cured under the plan at the time able under the contract between the debtor terms of the proof of claim. of conversion, in any proceeding under this and creditor. ‘‘(B) The court may, upon notice and a hear- title or otherwise, the default shall have the ø‘‘(c) Notwithstanding section 1326(b), the ing, modify, increase, or reduce the payments effect given under applicable nonbankruptcy payments referred to in subsection (a)(1)(A) required under this paragraph pending con- law.’’. shall be continued in addition to plan pay- firmation of a plan.’’. (b) GIVING DEBTORS THE ABILITY TO KEEP ments under a confirmed plan until actual SEC. 310. LIMITATION ON LUXURY GOODS. LEASED PERSONAL PROPERTY BY ASSUMP- payments to the creditor begin under that Section 523(a)(2)(C) of title 11, United TION.—Section 365 of title 11, United States plan, if the confirmed plan provides for— States Code, is amended to read as follows: Code, is amended by adding at the end the ø‘‘(1) payments to a creditor or lessor de- ‘‘(C)(i) for purposes of subparagraph (A)— following: scribed in subsection (a)(1); and ‘‘(I) consumer debts owed to a single cred- ‘‘(p)(1) If a lease of personal property is re- ø‘‘(2) the deferral of payments to such cred- itor and aggregating more than $250 for lux- jected or not timely assumed by the trustee itor or lessor under the plan until the pay- ury goods or services incurred by an indi- under subsection (d), the leased property is ment of amounts described in section 1326(b). vidual debtor on or within 90 days before the ø‘‘(d) Notwithstanding sections 362, 542, no longer property of the estate and the stay order for relief under this title are presumed and 543, a lessor or creditor described in sub- under section 362(a) is automatically termi- to be nondischargeable; and section (a) may retain possession of property nated. ‘‘(II) cash advances aggregating more than ‘‘(2)(A) In the case of an individual under described in that subsection that was ob- $750 that are extensions of consumer credit chapter 7, the debtor may notify the creditor tained in accordance with applicable law be- under an open end credit plan obtained by an in writing that the debtor desires to assume fore the date of filing of the petition until individual debtor on or within 70 days before the lease. Upon being so notified, the cred- the first payment under subsection (a)(1)(A) the order for relief under this title, are pre- itor may, at its option, notify the debtor is received by the lessor or creditor. sumed to be nondischargeable; and that it is willing to have the lease assumed ø‘‘(e) On or before the date that is 60 days ‘‘(ii) for purposes of this subparagraph— by the debtor and may condition such as- after the filing of a case under this chapter, ‘‘(I) the term ‘extension of credit under an sumption on cure of any outstanding default a debtor retaining possession of personal open end credit plan’ means an extension of on terms set by the contract. property subject to a lease or securing a ‘‘(B) If within 30 days after notice is pro- claim attributable in whole or in part to the credit under an open end credit plan, within vided under subparagraph (A), the debtor no- purchase price of such property shall provide the meaning of the Consumer Credit Protec- tifies the lessor in writing that the lease is each creditor or lessor reasonable evidence tion Act (15 U.S.C. 1601 et seq.); assumed, the liability under the lease will be of the maintenance of any required insur- ‘‘(II) the term ‘open end credit plan’ has assumed by the debtor and not by the estate. ance coverage with respect to the use or the meaning given that term under section ‘‘(C) The stay under section 362 and the in- ownership of such property and continue to 103 of Consumer Credit Protection Act (15 junction under section 524(a)(2) shall not be do so for so long as the debtor retains posses- U.S.C. 1602); and violated by notification of the debtor and ne- sion of such property.’’. ‘‘(III) the term ‘luxury goods or services’ does not include goods or services reasonably gotiation of cure under this subsection. ø(2) CLERICAL AMENDMENT.—The table of ‘‘(3) In a case under chapter 11 øof this sections for chapter 13 of title 11, United necessary for the support or maintenance of title¿ in which the debtor is an individual States Code, is amended, in the matter relat- the debtor or a dependent of the debtor.’’. and in a case under chapter 13 øof this title¿, ing to subchapter I, by inserting after the SEC. 311. AUTOMATIC STAY. if the debtor is the lessee with respect to per- item relating to section 1307 the following: Section 362(b) of title 11, United States sonal property and the lease is not assumed ø‘‘1308. Adequate protection in chapter 13 Code, as amended by section 303(b) of this in the plan confirmed by the court, the lease cases.’’.¿ Act, is amended— is deemed rejected as of the conclusion of the (1) CONFIRMATION OF PLAN.—Section (1) in paragraph (21), by striking ‘‘or’’ at hearing on confirmation. If the lease is re- 1325(a)(5)(B) of title 11, United States Code, is the end; jected, the stay under section 362 and any amended— (2) in paragraph (22), by striking the period stay under section 1301 is automatically ter- (A) in clause (i), by striking ‘‘and’’ at the end; at the end and inserting a semicolon; and minated with respect to the property subject (B) in clause (ii), by striking ‘‘or’’ at the end (3) by inserting after paragraph (22) the fol- to the lease.’’. and inserting ‘‘and’’; and lowing: S12022 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(23) under subsection (a)(3), of the con- bankruptcy the newly created debt; except ‘‘(ii) a schedule of current income and cur- tinuation of any eviction, unlawful detainer that rent expenditures; action, or similar proceeding by a lessor ‘‘(B) øexcept that¿ all debts incurred to ‘‘(iii) a statement of the debtor’s financial against a debtor involving residential real pay nondischargeable debts shall be pre- affairs and, if applicable, a certificate— property in which the debtor resides as a sumed to be nondischargeable debts if in- ‘‘(I) of an attorney whose name is on the tenant under a rental agreement; curred within 70 days before the filing of the petition as the attorney for the debtor or ‘‘(24) under subsection (a)(3), of the com- petition (except that, in any case in which any bankruptcy petition preparer signing mencement of any eviction, unlawful de- there is an allowed claim under section 502 the petition under section 110(b)(1) indi- tainer action, or similar proceeding by a les- for child support or spousal support entitled cating that such attorney or bankruptcy pe- sor against a debtor involving residential to priority under section 507(a)(1) and that tition preparer delivered to the debtor any real property in which the debtor resides as was filed in a timely manner, debts that notice required by section 342(b); or a tenant under a rental agreement that has would otherwise be presumed to be non- ‘‘(II) if no attorney for the debtor is indi- terminated under the lease agreement or ap- dischargeable debts by reason of this sub- cated and no bankruptcy petition preparer plicable State law; or paragraph shall be treated as dischargeable signed the petition, of the debtor that such ‘‘(25) under subsection (a)(3), of eviction ac- debts);’’. notice was obtained and read by the debtor; tions based on endangerment to property or (b) DISCHARGE UNDER CHAPTER 13.—Section ‘‘(iv) copies of any Federal tax returns, in- person or the use of illegal drugs.’’. 1328(a) of title 11, United States Code, is cluding any schedules or attachments, filed SEC. 312. EXTENSION OF PERIOD BETWEEN amended by striking paragraphs (1) through by the debtor for the 3-year period preceding BANKRUPTCY DISCHARGES. (3) and inserting the following: the order for relief; Title 11, United States Code, is amended— ‘‘(1) provided for under section 1322(b)(5); ‘‘(v) copies of all payment advices or other (1) in section 727(a)(8), by striking ‘‘six’’ ‘‘(2) of the kind specified in paragraph (2), evidence of payment, if any, received by the and inserting ‘‘8’’; and (4), (3)(B), (5), (8), or (9) of section 523(a); debtor from any employer of the debtor in (2) in section 1328, by adding at the end the ‘‘(3) for restitution, or a criminal fine, in- the period 60 days before the filing of the pe- following: cluded in a sentence on the debtor’s convic- tition; ‘‘(f) Notwithstanding subsections (a) and tion of a crime; or ‘‘(vi) a statement of the amount of pro- (b), the court shall not grant a discharge of ‘‘(4) for restitution, or damages, awarded in jected monthly net income, itemized to show all debts provided for by the plan or dis- a civil action against the debtor as a result how the amount is calculated; and allowed under section 502 if the debtor has of willful or malicious injury by the debtor ‘‘(vii) a statement disclosing any reason- received a discharge in any case filed under that caused personal injury to an individual ably anticipated increase in income or ex- this title within 5 years before the order for or the death of an individual.’’. penditures over the 12-month period fol- relief under this chapter.’’. SEC. 315. GIVING CREDITORS FAIR NOTICE IN lowing the date of filing;’’; and CHAPTERS 7 AND 13 CASES. SEC. 313. DEFINITION OF HOUSEHOLD GOODS (2) by adding at the end the following: (a) NOTICE.—Section 342 of title 11, United AND ANTIQUES. ‘‘(d)(1) At any time, a creditor, in the case States Code, is amended— Section 522(f) of title 11, United States of an individual under chapter 7 or 13, may (1) in subsection (c)— Code, is amended by adding at the end the file with the court notice that the creditor (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and following: requests the petition, schedules, and a state- (B) by striking ‘‘, but the failure of such ‘‘(4)(A) Subject to subparagraph (B), for ment of affairs filed by the debtor in the case notice to contain such information shall not purposes of paragraph (1)(B), the term and the court shall make those documents invalidate the legal effect of such notice’’; ‘household goods’ means— available to the creditor who requests those and ‘‘(i) clothing; documents. ‘‘(ii) furniture; (2) by adding at the end the following: ‘‘(d) At any time, a creditor, in a case of an ‘‘(2)(A) At any time, a creditor in a case ‘‘(iii) appliances; individual debtor under chapter 7 or 13, may under chapter 13 may file with the court no- ‘‘(iv) 1 radio; file with the court and serve on the debtor a tice that the creditor requests the plan filed ‘‘(v) 1 television; notice of the address to be used to notify the by the debtor in the case. ‘‘(vi) 1 VCR; creditor in that case. Five days after receipt ‘‘(vii) linens; ‘‘(B) The court shall make such plan avail- of such notice, if the court or the debtor is ‘‘(viii) china; able to the creditor who requests such plan— required to give the creditor notice, such no- ‘‘(ix) crockery; ‘‘(i) at a reasonable cost; and tice shall be given at that address. ‘‘(x) kitchenware; ‘‘(ii) not later than 5 days after such re- ‘‘(e) An entity may file with the court a quest. ‘‘(xi) educational materials and edu- notice stating its address for notice in cases ‘‘(e) An individual debtor in a case under cational equipment primarily for the use of under chapters 7 and 13. After 30 days fol- chapter 7 or 13 shall file with the court— minor dependent children of the debtor, but lowing the filing of such notice, any notice ‘‘(1) at the time filed with the taxing au- only 1 personal computer only if used pri- in any case filed under chapter 7 or 13 given thority, all tax returns, including any sched- marily for the education or entertainment of by the court shall be to that address unless ules or attachments, with respect to the pe- such minor children; specific notice is given under subsection (d) riod from the commencement of the case ‘‘(xii) medical equipment and supplies; with respect to a particular case. until such time as the case is closed; ‘‘(xiii) furniture exclusively for the use of ‘‘(f)(1) Notice given to a creditor other ‘‘(2) at the time filed with the taxing au- minor children, or elderly or disabled de- than as provided in this section shall not be thority, all tax returns, including any sched- pendents of the debtor; and effective notice until that notice has been ules or attachments, that were not filed with ‘‘(xiv) personal effects (including wedding brought to the attention of the creditor. If the taxing authority when the schedules rings and the toys and hobby equipment of the creditor designates a person or depart- under subsection (a)(1) were filed with re- minor dependent children) of the debtor and ment to be responsible for receiving notices spect to the period that is 3 years before the the dependents of the debtor. concerning bankruptcy cases and establishes order for relief; ‘‘(B) The term ‘household goods’ does not reasonable procedures so that bankruptcy ‘‘(3) any amendments to any of the tax re- include— notices received by the creditor are to be de- turns, including schedules or attachments, ‘‘(i) works of art (unless by or of the debtor livered to such department or person, notice described in paragraph (1) or (2); and or the dependents of the debtor); shall not be considered to have been brought ‘‘(4) in a case under chapter 13, a statement ‘‘(ii) electronic entertainment equipment to the attention of the creditor until re- subject to the penalties of perjury by the (except 1 television, 1 radio, and 1 VCR); ceived by such person or department. ‘‘(iii) items acquired as antiques; ‘‘(2) No sanction under section 362(h) or debtor of the debtor’s income and expendi- ‘‘(iv) jewelry (except wedding rings); and any other sanction that a court may impose tures in the preceding tax year and monthly ‘‘(v) a computer (except as otherwise pro- on account of violations of the stay under income, that shows how the amounts are vided for in this section), motor vehicle (in- section 362(a) or failure to comply with sec- calculated— cluding a tractor or lawn tractor), boat, or a tion 542 or 543 may be imposed on any action ‘‘(A) beginning on the date that is the later motorized recreational device, conveyance, of the creditor unless the action takes place of 90 days after the close of the debtor’s tax vehicle, watercraft, or aircraft.’’. after the creditor has received notice of the year or 1 year after the order for relief, un- SEC. 314. DEBT INCURRED TO PAY NON- commencement of the case effective under less a plan has been confirmed; and DISCHARGEABLE DEBTS. this section.’’. ‘‘(B) thereafter, on or before the date that Section 523(a) of title 11, United States (b) DEBTOR’S DUTIES.—Section 521 of title is 45 days before each anniversary of the con- Code, is amended by inserting after para- 11, United States Code, as amended by sec- firmation of the plan until the case is closed. graph (14) the following: tion 305 of this Act, is amended— ‘‘(f)(1) A statement referred to in sub- ‘‘(14A)(A) incurred to pay a debt that is (1) in subsection (a), by striking paragraph section (e)(4) shall disclose— nondischargeable by reason of section 727, (1) and inserting the following: ‘‘(A) the amount and sources of income of 1141, 1228(a), 1228(b), or 1328(b), or any other ‘‘(1) file— the debtor; provision of this subsection, if the debtor in- ‘‘(A) a list of creditors; and ‘‘(B) the identity of any person responsible curred the debt to pay such a nondischarge- ‘‘(B) unless the court orders otherwise— with the debtor for the support of any de- able debt with the intent to discharge in ‘‘(i) a schedule of assets and liabilities; pendent of the debtor; and October 5, 1999 CONGRESSIONAL RECORD — SENATE S12023

‘‘(C) the identity of any person who con- (b) FILING OF PLAN.—Section 1321 of title TITLE IV—GENERAL AND SMALL tributed, and the amount contributed, to the 11, United States Code, is amended to read as BUSINESS BANKRUPTCY PROVISIONS household in which the debtor resides. follows: Subtitle A—General Business Bankruptcy ‘‘(2) The tax returns, amendments, and Provisions statement of income and expenditures de- ‘‘§ 1321. Filing of plan scribed in paragraph (1) shall be available to ‘‘Not later than 90 days after the order for SEC. 401. ROLLING STOCK EQUIPMENT. the United States trustee, any bankruptcy relief under this chapter, the debtor shall file (a) IN GENERAL.—Section 1168 of title 11, administrator, any trustee, and any party in a plan, except that the court may extend United States Code, is amended to read as interest for inspection and copying, subject such period if the need for an extension is at- follows: to the requirements of subsection (f) (g). ø ¿ tributable to circumstances for which the ‘‘§ 1168. Rolling stock equipment ‘‘(g)(1) Not later than 30 days after the date debtor should not justly be held account- of enactment of the Bankruptcy Reform Act able.’’. ‘‘(a)(1) The right of a secured party with a of 1999, the Director of the Administrative security interest in or of a lessor or condi- Office of the United States Courts shall es- SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR tional vendor of equipment described in tablish procedures for safeguarding the con- DURATION IN CERTAIN CASES. paragraph (2) to take possession of such fidentiality of any tax information required Section 1322(d) of title 11, United States equipment in compliance with an equipment to be provided under this section. Code, is amended to read as follows: security agreement, lease, or conditional ‘‘(2) The procedures under paragraph (1) ‘‘(d)(1) Except as provided in paragraph (2), sale contract, and to enforce any of its other shall include restrictions on creditor access the plan may not provide for payments over rights or remedies under such security agree- to tax information that is required to be pro- a period that is longer than 3 years. ment, lease, or conditional sale contract, to vided under this section. sell, lease, or otherwise retain or dispose of ‘‘(3) Not later than 1 year after the date of ‘‘(2) The plan may provide for payments such equipment, is not limited or otherwise enactment of the Bankruptcy Reform Act of over a period that is longer than 3 years if— affected by any other provision of this title 1999, the Director of the Administrative Of- ‘‘(A) the plan is for a case that was con- or by any power of the court, except that the fice of the United States Courts shall prepare verted to a case under this chapter from a right to take possession and enforce those and submit to Congress a report that— case under chapter 7, or the plan is for a debt- other rights and remedies shall be subject to ‘‘(A) assesses the effectiveness of the proce- or who has been dismissed from chapter 7 by section 362, if— dures under paragraph (1); and reason of section 707(b), in which case the plan ‘‘(A) before the date that is 60 days after ‘‘(B) if appropriate, includes proposed leg- shall provide for payments over a period of 5 the date of commencement of a case under islation to— years; or this chapter, the trustee, subject to the ‘‘(i) further protect the confidentiality of ‘‘(B) the plan is for a case that is not de- court’s approval, agrees to perform all obli- tax information; and scribed in subparagraph (A), and the court, gations of the debtor under such security ‘‘(ii) provide penalties for the improper use for cause, approves a period longer than 3 agreement, lease, or conditional sale con- by any person of the tax information re- years, but not to exceed 5 years.’’. tract; and quired to be provided under this section. SEC. 319. SENSE OF THE CONGRESS REGARDING ‘‘(B) any default, other than a default of a ‘‘(h) If requested by the United States EXPANSION OF RULE 9011 OF THE kind described in section 365(b)(2), under trustee or a trustee serving in the case, the FEDERAL RULES OF BANKRUPTCY such security agreement, lease, or condi- debtor shall provide— PROCEDURE. tional sale contract that— ‘‘(1) a document that establishes the iden- It is the sense of Congress that Rule 9011 of ‘‘(i) occurs before the date of commence- tity of the debtor, including a driver’s li- the Federal Rules of Bankruptcy Procedure ment of the case and is an event of default cense, passport, or other document that con- (11 U.S.C. App.) should be modified to include therewith is cured before the expiration of tains a photograph of the debtor; and a requirement that all documents (including such 60-day period; ‘‘(2) such other personal identifying infor- schedules), signed and unsigned, submitted ‘‘(ii) occurs or becomes an event of default mation relating to the debtor that estab- to the court or to a trustee by debtors who after the date of commencement of the case lishes the identity of the debtor.’’. represent themselves and debtors who are and before the expiration of such 60-day pe- SEC. 316. DISMISSAL FOR FAILURE TO TIMELY represented by an attorney be submitted riod is cured before the later of— FILE SCHEDULES OR PROVIDE RE- only after the debtor or the debtor’s attor- ‘‘(I) the date that is 30 days after the date QUIRED INFORMATION. ney has made reasonable inquiry to verify of the default or event of the default; or Section 521 of title 11, United States Code, that the information contained in such docu- ‘‘(II) the expiration of such 60-day period; as amended by section 315 of this Act, is ments is— and amended by adding at the end the following: (1) well grounded in fact; and ‘‘(iii) occurs on or after the expiration of ‘‘(i)(1) Notwithstanding section 707(a), and (2) warranted by existing law or a good- such 60-day period is cured in accordance subject to paragraph (2), if an individual faith argument for the extension, modifica- with the terms of such security agreement, debtor in a voluntary case under chapter 7 or tion, or reversal of existing law. lease, or conditional sale contract, if cure is 13 fails to file all of the information required permitted under that agreement, lease, or under subsection (a)(1) within 45 days after SEC. 320. PROMPT RELIEF FROM STAY IN INDI- VIDUAL CASES. conditional sale contract. the filing of the petition commencing the ‘‘(2) The equipment described in this case, the case shall be automatically dis- Section 362(e) of title 11, United States paragraph— missed effective on the 46th day after the fil- Code, is amended— ‘‘(A) is rolling stock equipment or acces- ing of the petition. (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and sories used on rolling stock equipment, in- ‘‘(2) With respect to a case described in (2) by adding at the end the following: cluding superstructures or racks, that is sub- paragraph (1), any party in interest may re- ‘‘(2) Notwithstanding paragraph (1), in the ject to a security interest granted by, leased quest the court to enter an order dismissing case of an individual filing under chapter 7, to, or conditionally sold to a debtor; and the case. If requested, the court shall enter 11, or 13, the stay under subsection (a) shall ‘‘(B) includes all records and documents re- an order of dismissal not later than 5 days terminate on the date that is 60 days after a lating to such equipment that are required, after such request. request is made by a party in interest under under the terms of the security agreement, ‘‘(3) Upon request of the debtor made with- subsection (d), unless— lease, or conditional sale contract, to be sur- in 45 days after the filing of the petition ‘‘(A) a final decision is rendered by the rendered or returned by the debtor in con- commencing a case described in paragraph court during the 60-day period beginning on nection with the surrender or return of such (1), the court may allow the debtor an addi- the date of the request; or equipment. tional period of not to exceed 45 days to file ‘‘(B) that 60-day period is extended— ‘‘(3) Paragraph (1) applies to a secured the information required under subsection ‘‘(i) by agreement of all parties in interest; party, lessor, or conditional vendor acting in (a)(1) if the court finds justification for ex- or its own behalf or acting as trustee or other- tending the period for the filing.’’. ‘‘(ii) by the court for such specific period of wise in behalf of another party. SEC. 317. ADEQUATE TIME TO PREPARE FOR time as the court finds is required for good ‘‘(b) The trustee and the secured party, les- HEARING ON CONFIRMATION OF cause, as described in findings made by the THE PLAN. sor, or conditional vendor whose right to court.’’. (a) HEARING.—Section 1324 of title 11, take possession is protected under sub- United States Code, is amended— SEC. 321. TREATMENT OF CERTAIN EARNINGS OF section (a) may agree, subject to the court’s (1) by striking ‘‘After’’ and inserting the AN INDIVIDUAL DEBTOR WHO FILES approval, to extend the 60-day period speci- following: A VOLUNTARY CASE UNDER CHAP- fied in subsection (a)(1). ‘‘(a) Except as provided in subsection (b) TER 11. ‘‘(c)(1) In any case under this chapter, the and after’’; and Section 541(a)(6) of title 11, United States trustee shall immediately surrender and re- (2) by adding at the end the following: Code, is amended by inserting ‘‘(other than an turn to a secured party, lessor, or condi- ‘‘(b) The hearing on confirmation of the individual debtor who, in accordance with sec- tional vendor, described in subsection (a)(1), plan may be held not later than 45 days after tion 301, files a petition to commence a vol- equipment described in subsection (a)(2), if the meeting of creditors under section untary case under chapter 11)’’ after ‘‘indi- at any time after the date of commencement 341(a).’’. vidual debtor’’. of the case under this chapter such secured S12024 CONGRESSIONAL RECORD — SENATE October 5, 1999 party, lessor, or conditional vendor is enti- interest granted by, leased to, or condi- ‘‘(26) under subsection (a), of— tled under subsection (a)(1) to take posses- tionally sold to a debtor that, at the time ‘‘(A) the commencement or continuation of sion of such equipment and makes a written such transaction is entered into, holds an air an investigation or action by a securities self demand for such possession of the trustee. carrier operating certificate issued under regulatory organization to enforce such or- ‘‘(2) At such time as the trustee is required chapter 447 of title 49 for aircraft capable of ganization’s regulatory power; under paragraph (1) to surrender and return carrying 10 or more individuals or 6,000 ‘‘(B) the enforcement of an order or deci- equipment described in subsection (a)(2), any pounds or more of cargo; or sion, other than for monetary sanctions, ob- lease of such equipment, and any security ‘‘(ii) a documented vessel (as defined in tained in an action by the securities self reg- agreement or conditional sale contract relat- section 30101(1) of title 46) that is subject to ulatory organization to enforce such organi- ing to such equipment, if such security a security interest granted by, leased to, or zation’s regulatory power; or agreement or conditional sale contract is an conditionally sold to a debtor that is a water ‘‘(C) any act taken by the securities self executory contract, shall be deemed re- carrier that, at the time such transaction is regulatory organization to delist, delete, or jected. entered into, holds a certificate of public refuse to permit quotation of any stock that ‘‘(d) With respect to equipment first placed convenience and necessity or permit issued does not meet applicable regulatory require- in service on or before October 22, 1994, for by the Department of Transportation; and ments.’’. ‘‘(B) includes all records and documents re- purposes of this section— SEC. 403. MEETINGS OF CREDITORS AND EQUITY ‘‘(1) the term ‘lease’ includes any written lating to such equipment that are required, SECURITY HOLDERS. agreement with respect to which the lessor under the terms of the security agreement, Section 341 of title 11, United States Code, lease, or conditional sale contract, to be sur- and the debtor, as lessee, have expressed in is amended by adding at the end the fol- rendered or returned by the debtor in con- the agreement or in a substantially contem- lowing: nection with the surrender or return of such poraneous writing that the agreement is to ‘‘(e) Notwithstanding subsections (a) and be treated as a lease for Federal income tax equipment. ‘‘(4) Paragraph (1) applies to a secured (b), the court, on the request of a party in in- purposes; and terest and after notice and a hearing, for ‘‘(2) the term ‘security interest’ means a party, lessor, or conditional vendor acting in its own behalf or acting as trustee or other- cause may order that the United States purchase-money equipment security inter- trustee not convene a meeting of creditors or est. wise in behalf of another party. ‘‘(b) The trustee and the secured party, les- equity security holders if the debtor has filed ‘‘(e) With respect to equipment first placed a plan as to which the debtor solicited ac- in service after October 22, 1994, for purposes sor, or conditional vendor whose right to take possession is protected under sub- ceptances prior to the commencement of the of this section, the term ‘rolling stock equip- section (a) may agree, subject to the ap- case.’’. ment’ includes rolling stock equipment that proval of the court, to extend the 60-day pe- is substantially rebuilt and accessories used SEC. 404. PROTECTION OF REFINANCE OF SECU- riod specified in subsection (a)(1). RITY INTEREST. on such equipment.’’. ‘‘(c)(1) In any case under this chapter, the (b) AIRCRAFT EQUIPMENT AND VESSELS.— Subparagraphs (A), (B), and (C) of section trustee shall immediately surrender and re- 547(e)(2) of title 11, United States Code, are Section 1110 of title 11, United States Code, turn to a secured party, lessor, or condi- is amended to read as follows: each amended by striking ‘‘10’’ each place it tional vendor, described in subsection (a)(1), appears and inserting ‘‘30’’. ‘‘§ 1110. Aircraft equipment and vessels equipment described in subsection (a)(3), if at any time after the date of the order for re- SEC. 405. EXECUTORY CONTRACTS AND UNEX- ‘‘(a)(1) Except as provided in paragraph (2) PIRED LEASES. and subject to subsection (b), the right of a lief under this chapter such secured party, lessor, or conditional vendor is entitled Section 365(d)(4) of title 11, United States secured party with a security interest in Code, is amended to read as follows: equipment described in paragraph (3), or of a under subsection (a)(1) to take possession of such equipment and makes a written demand ‘‘(4)(A) Subject to subparagraph (B), in any lessor or conditional vendor of such equip- case under any chapter of this title, an unex- ment, to take possession of such equipment for such possession to the trustee. ‘‘(2) At such time as the trustee is required pired lease of nonresidential real property in compliance with a security agreement, under which the debtor is the lessee shall be lease, or conditional sale contract, and to en- under paragraph (1) to surrender and return equipment described in subsection (a)(3), any deemed rejected and the trustee shall imme- force any of its other rights or remedies, lease of such equipment, and any security diately surrender that nonresidential real under such security agreement, lease, or con- agreement or conditional sale contract relat- property to the lessor if the trustee does not ditional sale contract, to sell, lease, or oth- ing to such equipment, if such security assume or reject the unexpired lease by the erwise retain or dispose of such equipment, agreement or conditional sale contract is an earlier of— is not limited or otherwise affected by any executory contract, shall be deemed re- ‘‘(i) the date that is 120 days after the date other provision of this title or by any power jected. of the order for relief; or of the court. ‘‘(d) With respect to equipment first placed ‘‘(ii) the date of the entry of an order con- ‘‘(2) The right to take possession and to en- in service on or before October 22, 1994, for firming a plan. force the other rights and remedies described purposes of this section— ‘‘(B) The court may extend the period de- in paragraph (1) shall be subject to section ‘‘(1) the term ‘lease’ includes any written termined under subparagraph (A) only upon 362 if— agreement with respect to which the lessor a motion of the lessor.’’. ‘‘(A) before the date that is 60 days after and the debtor, as lessee, have expressed in SEC. 406. CREDITORS AND EQUITY SECURITY the date of the order for relief under this the agreement or in a substantially contem- chapter, the trustee, subject to the approval HOLDERS COMMITTEES. poraneous writing that the agreement is to Section 1102(a)(2) of title 11, United States of the court, agrees to perform all obliga- be treated as a lease for Federal income tax tions of the debtor under such security Code, is amended by inserting before the purposes; and first sentence the following: ‘‘On its own mo- agreement, lease, or conditional sale con- ‘‘(2) the term ‘security interest’ means a tract; and tion or on request of a party in interest, and purchase-money equipment security inter- after notice and hearing, the court may ‘‘(B) any default, other than a default of a est.’’. kind specified in section 365(b)(2), under such order a change in the membership of a com- SEC. 402. ADEQUATE PROTECTION FOR INVES- mittee appointed under this subsection, if security agreement, lease, or conditional TORS. the court determines that the change is nec- sale contract that occurs— (a) DEFINITION.—Section 101 of title 11, essary to ensure adequate representation of ‘‘(i) before the date of the order is cured be- United States Code, as amended by section creditors or equity security holders.’’. fore the expiration of such 60-day period; 306(c) of this Act, is amended by inserting ‘‘(ii) after the date of the order and before after paragraph (48) the following: SEC. 407. AMENDMENT TO SECTION 546 OF TITLE the expiration of such 60-day period is cured ‘‘(48A) ‘securities self regulatory organiza- 11, UNITED STATES CODE. before the later of— tion’ means either a securities association Section 546 of title 11, United States Code, ‘‘(I) the date that is 30 days after the date registered with the Securities and Exchange is amended— of the default; or Commission under section 15A of the Securi- (1) by redesignating the second subsection ‘‘(II) the expiration of such 60-day period; ties Exchange Act of 1934 (15 U.S.C. 78o–3) or designated as subsection (g) (as added by sec- and a national securities exchange registered tion 222(a) of Public Law 103–394) as sub- ‘‘(iii) on or after the expiration of such 60- with the Securities and Exchange Commis- section (i); and day period is cured in compliance with the sion under section 6 of the Securities Ex- (2) by adding at the end the following: terms of such security agreement, lease, or change Act of 1934 (15 U.S.C. 78f);’’. ‘‘(j)(1) Notwithstanding section 545 (2) and conditional sale contract, if a cure is per- (b) AUTOMATIC STAY.—Section 362(b) of (3), the trustee may not avoid a mitted under that agreement, lease, or con- title 11, United States Code, as amended by warehouseman’s lien for storage, transpor- tract. section 311 of this Act, is amended— tation or other costs incidental to the stor- ‘‘(3) The equipment described in this (1) in paragraph (24), by striking ‘‘or’’ at age and handling of goods. paragraph— the end; ‘‘(2) The prohibition under paragraph (1) ‘‘(A) is— (2) in paragraph (25), by striking the period shall be applied in a manner consistent with ‘‘(i) an aircraft, aircraft engine, propeller, at the end and inserting ‘‘; or’’; and any applicable State statute that is similar appliance, or spare part (as defined in section (3) by inserting after paragraph (25) the fol- to section 7–209 of the Uniform Commercial 40102 of title 49) that is subject to a security lowing: Code.’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12025 SEC. 408. LIMITATION. (3) by striking ‘‘housing’’ the first place it or otherwise has demonstrated skill and ex- Section 546(c)(1)(B) of title 11, United appears; and perience in the bankruptcy field;’’. States Code, is amended by striking ‘‘20’’ and (4) by striking ‘‘but only’’ and all that fol- SEC. ø419.¿ 418. APPOINTMENT OF ELECTED inserting ‘‘45’’. lows through ‘‘but nothing in this para- TRUSTEE. SEC. 409. AMENDMENT TO SECTION 330(a) OF graph’’ and inserting ‘‘or a lot in a home- Section 1104(b) of title 11, United States TITLE 11, UNITED STATES CODE. owners association, for as long as the debtor Code, is amended— Section 330(a)(3) of title 11, United States or the trustee has a legal, equitable, or (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Code, is amended— possessory ownership interest in such unit, (2) by adding at the end the following: (1) by striking ‘‘(A) the; and inserting ‘‘(i) such corporation, or such lot, and until such ‘‘(2)(A) If an eligible, disinterested trustee the’’; time as the debtor or trustee has surrendered is elected at a meeting of creditors under (2) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; any legal, equitable or possessory interest in paragraph (1), the United States trustee (3) by striking ‘‘(C)’’ and inserting ‘‘(iii)’’; such unit, such corporation, or such lot, but shall file a report certifying that election. (4) by striking ‘‘(D)’’ and inserting ‘‘(iv)’’; nothing in this paragraph’’. ‘‘(B) Upon the filing of a report under sub- (5) by striking ‘‘(E)’’ and inserting ‘‘(v)’’; SEC. 415. CREDITOR REPRESENTATION AT FIRST paragraph (A)— (6) in subparagraph (A), by inserting ‘‘to an MEETING OF CREDITORS. ‘‘(i) the trustee elected under paragraph (1) examiner, trustee under chapter 11, or pro- Section 341(c) of title 11, United States shall be considered to have been selected and fessional person’’ after ‘‘awarded’’; and Code, is amended by inserting after the first appointed for purposes of this section; and (7) by adding at the end the following: sentence the following: ‘‘Notwithstanding ‘‘(ii) the service of any trustee appointed ‘‘(B) In determining the amount of reason- any local court rule, provision of a State under subsection (d) shall terminate. able compensation to be awarded a trustee, constitution, any other Federal or State law ‘‘(C) In the case of any dispute arising out the court shall treat such compensation as a that is not a bankruptcy law, or other re- of an election described in subparagraph (A), commission based on the results achieved.’’. quirement that representation at the meet- the court shall resolve the dispute.’’. SEC. 410. POSTPETITION DISCLOSURE AND SO- ing of creditors under subsection (a) be by an SEC. 419. UTILITY SERVICE. LICITATION. attorney, a creditor holding a consumer debt Section 1125 of title 11, United States Code, Section 366 of title 11, United States Code, is or any representative of the creditor (which is amended by adding at the end the fol- amended— may include an entity or an employee of an lowing: (1) in subsection (a), by striking ‘‘subsection ‘‘(g) Notwithstanding subsection (b), an ac- entity and may be a representative for more (b)’’ and inserting ‘‘subsections (b) and (c)’’; ceptance or rejection of the plan may be so- than 1 creditor) shall be permitted to appear and licited from a holder of a claim or interest if at and participate in the meeting of credi- (2) by adding at the end the following: such solicitation complies with applicable tors in a case under chapter 7 or 13, either ‘‘(c)(1)(A) For purposes of this subsection, the nonbankruptcy law and if such holder was alone or in conjunction with an attorney for term ‘assurance of payment’ means— solicited before the commencement of the the creditor. Nothing in this subsection shall ‘‘(i) a cash deposit; case in a manner complying with applicable be construed to require any creditor to be ‘‘(ii) a letter of credit; ‘‘(iii) a certificate of deposit; nonbankruptcy law.’’. represented by an attorney at any meeting of creditors.’’. ‘‘(iv) a surety bond; SEC. 411. PREFERENCES. øSEC. 416. ELIMINATION OF CERTAIN FEES PAY- ‘‘(v) a prepayment of utility consumption; or Section 547(c) of title 11, United States ‘‘(vi) another form of security that is mutually Code, is amended— ABLE IN CHAPTER 11 BANKRUPTCY CASES. agreed on between the utility and the debtor or (1) by striking paragraph (2) and inserting (a) AMENDMENTS.—Section 1930(a)(6) of the trustee. the following: ø title 28, United States Code, is amended— ‘‘(B) For purposes of this subsection an ad- ‘‘(2) to the extent that such transfer was in (1) in the first sentence by striking ‘‘until ministrative expense priority shall not constitute payment of a debt incurred by the debtor in ø the case is converted or dismissed, whichever an assurance of payment. the ordinary course of business or financial occurs first’’; and ‘‘(2) Subject to paragraphs (3) through (5), affairs of the debtor and the transferee, and (2) in the second sentence— with respect to a case filed under chapter 11, a such transfer was— ø (A) by striking ‘‘The’’ and inserting utility referred to in subsection (a) may alter, ‘‘(A) made in the ordinary course of busi- ø ‘‘Until the plan is confirmed or the case is refuse, or discontinue utility service, if during ness or financial affairs of the debtor and the converted (whichever occurs first) the’’; and the 20-day period beginning on the date of filing transferee; or (B) by striking ‘‘less than $300,000;’’ and of the petition, the utility does not receive from ‘‘(B) made according to ordinary business ø inserting ‘‘less than $300,000. Until the case is the debtor or the trustee adequate assurance of terms;’’; converted, dismissed, or closed (whichever payment for utility service that is satisfactory to (2) in paragraph (7) by striking ‘‘or’’ at the occurs first and without regard to confirma- the utility. end; tion of the plan) the fee shall be’’. ‘‘(3)(A) On request of a party in interest and (3) in paragraph (8) by striking the period ø(b) DELAYED EFFECTIVE DATE.—The after notice and a hearing, the court may order at the end and inserting ‘‘; or’’; and amendments made by subsection (a) shall modification of the amount of an assurance of (4) by adding at the end the following: take effect on October 1, 1999.¿ payment under paragraph (2). ‘‘(9) if, in a case filed by a debtor whose SEC. ø417.¿ 416. DEFINITION OF DISINTERESTED ‘‘(B) In making a determination under this debts are not primarily consumer debts, the paragraph whether an assurance of payment is aggregate value of all property that con- PERSON. Section 101(14) of title 11, United States adequate, the court may not consider— stitutes or is affected by such transfer is less ‘‘(A) the absence of security before the date of than $5,000.’’. Code, is amended to read as follows: ‘‘(14) ‘disinterested person’ means a person filing of the petition; SEC. 412. VENUE OF CERTAIN PROCEEDINGS. that— ‘‘(B) the payment by the debtor of charges for Section 1409(b) of title 28, United States ‘‘(A) is not a creditor, an equity security utility service in a timely manner before the date Code, is amended by inserting ‘‘, or a non- holder, or an insider; of filing of the petition; or consumer debt against a noninsider of less ‘‘(B) is not and was not, within 2 years be- ‘‘(C) the availability of an administrative ex- than $10,000,’’ after ‘‘$5,000’’. fore the date of the filing of the petition, a pense priority. SEC. 413. PERIOD FOR FILING PLAN UNDER director, officer, or employee of the debtor; ‘‘(4) Notwithstanding any other provision of CHAPTER 11. law, with respect to a case subject to this sub- Section 1121(d) of title 11, United States and ‘‘(C) does not have an interest materially section, a utility may recover or set off against Code, is amended— a security deposit provided to the utility by the (1) by striking ‘‘On’’ and inserting ‘‘(1) adverse to the interest of the estate or of any class of creditors or equity security debtor before the date of filing of the petition Subject to paragraph (1), on’’; and without notice or order of the court.’’. (2) by adding at the end the following: holders, by reason of any direct or indirect ‘‘(2)(A) The 120-day period specified in relationship to, connection with, or interest Subtitle B—Small Business Bankruptcy paragraph (1) may not be extended beyond a in, the debtor, or for any other reason;’’. Provisions date that is 18 months after the date of the SEC. ø418.¿ 417. FACTORS FOR COMPENSATION OF SEC. 421. FLEXIBLE RULES FOR DISCLOSURE order for relief under this chapter. PROFESSIONAL PERSONS. STATEMENT AND PLAN. ‘‘(B) The 180-day period specified in para- Section 330(a)(3)(A) of title 11, United Section 1125 of title 11, United States Code, graph (1) may not be extended beyond a date States Code, as amended by section 409 of this is amended by striking subsection (f) and in- that is 20 months after the date of the order Act, is amended— serting the following: for relief under this chapter.’’. (1) in øsubparagraph (D)¿ clause (i), by ‘‘(f) Notwithstanding subsection (b), in a SEC. 414. FEES ARISING FROM CERTAIN OWNER- striking ‘‘and’’ at the end; small business case— SHIP INTERESTS. (2) by redesignating øsubparagraph (E)¿ ‘‘(1) in determining whether a disclosure Section 523(a)(16) of title 11, United States clause (v) as øsubparagraph (F) clause (vi)≈; statement provides adequate information, Code, is amended— and the court shall consider the complexity of (1) by striking ‘‘dwelling’’ the first place it (3) by inserting after øsubparagraph (D)¿ the case, the benefit of additional informa- appears; clause (iv) the following: tion to creditors and other parties in inter- (2) by striking ‘‘ownership or’’ and insert- ‘‘ø(E)¿ (v) with respect to a professional est, and the cost of providing additional in- ing ‘‘ownership,’’; person, whether the person is board certified formation; S12026 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(2) the court may determine that the plan parties in interest for reasonably complete to understand the small business debtor’s fi- itself provides adequate information and information; and nancial condition and plan the small busi- that a separate disclosure statement is not (2) economy and simplicity for debtors. ness debtor’s future. necessary; SEC. 424. UNIFORM NATIONAL REPORTING RE- SEC. 426. DUTIES IN SMALL BUSINESS CASES. ‘‘(3) the court may approve a disclosure QUIREMENTS. (a) DUTIES IN CHAPTER 11 CASES.—Title 11, statement submitted on standard forms ap- (a) REPORTING REQUIRED.— United States Code, is amended by inserting proved by the court or adopted under section (1) IN GENERAL.—Chapter 3 of title 11, after section 1114 the following: 2075 of title 28; and United States Code, is amended by inserting ‘‘§ 1115. Duties of trustee or debtor in posses- ‘‘(4)(A) the court may conditionally ap- after section 307 the following: sion in small business cases prove a disclosure statement subject to final ‘‘§ 308. Debtor reporting requirements ‘‘In a small business case, a trustee or the approval after notice and a hearing; ‘‘(1) For purposes of this section, the term debtor in possession, in addition to the du- ‘‘(B) acceptances and rejections of a plan ‘profitability’ means, with respect to a debt- ties provided in this title and as otherwise may be solicited based on a conditionally ap- or, the amount of money that the debtor has required by law, shall— proved disclosure statement if the debtor earned or lost during current and recent fis- ‘‘(1) append to the voluntary petition or, in provides adequate information to each hold- cal periods. an involuntary case, file within 3 days after er of a claim or interest that is solicited, but ‘‘(2) A small business debtor shall file peri- the date of the order for relief— a conditionally approved disclosure state- odic financial and other reports containing ‘‘(A) its most recent balance sheet, state- ment shall be mailed not later than 20 days information including— ment of operations, cash-flow statement, before the date of the hearing on confirma- ‘‘(A) the debtor’s profitability; Federal income tax return; or tion of the plan; and ‘‘(B) reasonable approximations of the ‘‘(B) a statement made under penalty of ‘‘(C) the hearing on the disclosure state- debtor’s projected cash receipts and cash dis- perjury that no balance sheet, statement of ment may be combined with the hearing on bursements over a reasonable period; operations, or cash-flow statement has been confirmation of a plan.’’. ‘‘(C) comparisons of actual cash receipts prepared and no Federal tax return has been SEC. 422. DEFINITIONS; EFFECT OF DISCHARGE. and disbursements with projections in prior filed; (a) DEFINITIONS.—Section 101 of title 11, reports; ‘‘(2) attend, through its senior manage- United States Code, as amended by section 402 ‘‘(D)(i) whether the debtor is— ment personnel and counsel, meetings sched- of this Act, is amended by striking paragraph ‘‘(I) in compliance in all material respects uled by the court or the United States trust- (51C) and inserting the following: with postpetition requirements imposed by ee, including initial debtor interviews, ‘‘(51C) ‘small business case’ means a case this title and the Federal Rules of Bank- scheduling conferences, and meetings of filed under chapter 11 of this title in which ruptcy Procedure; and creditors convened under section 341 unless the debtor is a small business debtor; ‘‘(II) timely filing tax returns and paying the court waives that requirement after no- ‘‘(51D) ‘small business debtor’— taxes and other administrative claims when tice and hearing, upon a finding of extraor- ‘‘(A) subject to subparagraph (B), means a due; and dinary and compelling circumstances; person (including any affiliate of such person ‘‘(ii) if the debtor is not in compliance with ‘‘(3) timely file all schedules and state- that is also a debtor under this title) that the requirements referred to in clause (i)(I) ments of financial affairs, unless the court, has aggregate noncontingent, liquidated se- or filing tax returns and making the pay- after notice and a hearing, grants an exten- cured and unsecured debts as of the date of ments referred to in clause (i)(II), what the sion, which shall not extend such time period to a date later than 30 days after the date of the petition or the order for relief in an failures are and how, at what cost, and when the order for relief, absent extraordinary and amount not more than $4,000,000 (excluding the debtor intends to remedy such failures; compelling circumstances; debts owed to 1 or more affiliates or insiders) and ‘‘(4) file all postpetition financial and for a case in which the United States trustee ‘‘(iii) such other matters as are in the best other reports required by the Federal Rules has appointed under section 1102(a)(1) a com- interests of the debtor and creditors, and in of Bankruptcy Procedure or by local rule of mittee of unsecured creditors that the court the public interest in fair and efficient pro- the district court; has determined is sufficiently active and rep- cedures under chapter 11 of this title.’’. ‘‘(5) subject to section 363(c)(2), maintain resentative to provide effective oversight of (2) CLERICAL AMENDMENT.—The table of insurance customary and appropriate to the the debtor; and sections for chapter 3 of title 11, United industry; ‘‘(B) does not include any member of a States Code, is amended by inserting after ‘‘(6)(A) timely file tax returns; group of affiliated debtors that has aggre- the item relating to section 307 the fol- ‘‘(B) subject to section 363(c)(2), timely pay gate noncontingent liquidated secured and lowing: all administrative expense tax claims, except unsecured debts in an amount greater than ‘‘308. Debtor reporting requirements.’’. those being contested by appropriate pro- $4,000,000 (excluding debt owed to 1 or more (b) EFFECTIVE DATE.—The amendments ceedings being diligently prosecuted; and affiliates or insiders);’’. made by subsection (a) shall take effect 60 ‘‘(C) subject to section 363(c)(2), establish 1 (b) EFFECT OF DISCHARGE.—Section 524 of ø days after the date on which rules are pre- or more separate deposit accounts not later title 11, United States Code, as amended by scribed under section 2075 of title 28, United than 10 business days after the date of order section 204 of this Act, is amended by adding States Code, to establish forms to be used to for relief (or as soon thereafter as possible if at the end the following: comply with section 308 of title 11, United all banks contacted decline the business) and ‘‘(j)(1) An individual who is injured by the ø States Code, as added by subsection (a). deposit therein, not later than 1 business day willful failure of a creditor to substantially SEC. 425. UNIFORM REPORTING RULES AND after receipt thereof, all taxes payable for comply with the requirements specified in FORMS FOR SMALL BUSINESS periods beginning after the date the case is subsections (c) and (d), or by any willful vio- CASES. commenced that are collected or withheld by lation of the injunction operating under sub- (a) PROPOSAL OF RULES AND FORMS.—The the debtor for governmental units, unless section (a)(2), shall be entitled to recover— Advisory Committee on Bankruptcy Rules of the court waives that requirement after no- ø‘‘(A) the greater of— the Judicial Conference of the United States tice and hearing, upon a finding of extraor- ø‘‘(i) the amount of actual damages; or shall propose for adoption amended Federal dinary and compelling circumstances; and ø‘‘(ii) $1,000; and Rules of Bankruptcy Procedure and Official ‘‘(7) allow the United States trustee, or a ø‘‘(B) costs and attorneys’ fees. Bankruptcy Forms to be used by small busi- designated representative of the United ø‘‘(2) An action to recover for a violation ness debtors to file periodic financial and States trustee, to inspect the debtor’s busi- specified in paragraph (1) may not be other reports containing information, in- ness premises, books, and records at reason- brought as a class action.’’. cluding information relating to— able times, after reasonable prior written no- ø(c)¿ (b) CONFORMING AMENDMENT.—Section (1) the debtor’s profitability; tice, unless notice is waived by the debtor.’’. 1102(a)(3) of title 11, United States Code, is (2) the debtor’s cash receipts and disburse- (b) TECHNICAL AMENDMENT.—The table of amended by inserting ‘‘debtor’’ after ‘‘small ments; and sections for chapter 11, United States Code, business’’. (3) whether the debtor is timely filing tax is amended by inserting after the item relat- SEC. 423. STANDARD FORM DISCLOSURE STATE- returns and paying taxes and other adminis- ing to section 1114 the following: MENT AND PLAN. trative claims when due. ‘‘1115. Duties of trustee or debtor in posses- Within a reasonable period of time after (b) PURPOSE.—The rules and forms pro- sion in small business cases.’’. the date of the enactment of this Act, the posed under subsection (a) shall be designed SEC. 427. PLAN FILING AND CONFIRMATION Advisory Committee on Bankruptcy Rules of to achieve a practical balance among— DEADLINES. the Judicial Conference of the United States (1) the reasonable needs of the bankruptcy Section 1121 of title 11, United States Code, shall propose for adoption standard form dis- court, the United States trustee, creditors, is amended by striking subsection (e) and in- closure statements and plans of reorganiza- and other parties in interest for reasonably serting the following: tion for small business debtors (as defined in complete information; ‘‘(e) In a small business case— section 101 of title 11, United States Code, as (2) the small business debtor’s interest ‘‘(1) only the debtor may file a plan until amended by this Act), designed to achieve a that required reports be easy and inexpen- after 90 days after the date of the order for practical balance between— sive to complete; and relief, unless that period is — (1) the reasonable needs of the courts, the (3) the interest of all parties that the re- ‘‘(A) shortened on request of a party in in- United States trustee, creditors, and other quired reports help the small business debtor terest made during the 90-day period; October 5, 1999 CONGRESSIONAL RECORD — SENATE S12027 ‘‘(B) extended as provided by this sub- ‘‘(C) review and monitor diligently the whichever is in the best interest of creditors section, after notice and hearing; or debtor’s activities, to identify as promptly and the estate, if the movant establishes ‘‘(C) the court, for cause, orders otherwise; as possible whether the debtor will be unable cause. ‘‘(2) the plan, and any necessary disclosure to confirm a plan; and ‘‘(2) The relief provided in paragraph (1) statement, shall be filed not later than 90 ‘‘(8) in any case in which the United States shall not be granted if the debtor or another days after the date of the order for relief; trustee finds material grounds for any relief party in interest objects and establishes by a and under section 1112 of title 11, the United preponderance of the evidence that— ‘‘(3) the time periods specified in para- States trustee shall apply promptly after ‘‘(A) it is more likely than not that a plan graphs (1) and (2), and the time fixed in sec- making that finding to the court for relief.’’. will be confirmed within— tion 1129(e), within which the plan shall be SEC. 431. SCHEDULING CONFERENCES. ‘‘(i) a period of time fixed under this title confirmed, may be extended only if— Section 105(d) of title 11, United States or by order of the court entered under sec- ‘‘(A) the debtor, after providing notice to Code, as amended by section 429 of this Act, tion 1121(e)(3); or parties in interest (including the United is amended— ‘‘(ii) a reasonable period of time if no pe- States trustee), demonstrates by a prepon- (1) in the matter preceding paragraph (1), riod of time has been fixed; and derance of the evidence that it is more likely by striking ‘‘, may’’; ‘‘(B) if the reason is an act or omission of than not that the court will confirm a plan (2) by striking paragraph (1) and inserting the debtor that— within a reasonable period of time; the following: ‘‘(i) there exists a reasonable justification ‘‘(B) a new deadline is imposed at the time ‘‘(1) shall hold such status conferences as for the act or omission; and the extension is granted; and are necessary to further the expeditious and ‘‘(ii)(I) the act or omission will be cured ‘‘(C) the order extending time is signed be- economical resolution of the case; and’’; and within a reasonable period of time fixed by fore the existing deadline has expired.’’. (3) in paragraph (2), by striking ‘‘unless in- the court, but not to exceed 30 days after the SEC. 428. PLAN CONFIRMATION DEADLINE. consistent with another provision of this court decides the motion, unless the movant Section 1129 of title 11, United States Code, title or with applicable Federal Rules of expressly consents to a continuance for a is amended by adding at the end the fol- Bankruptcy Procedure,’’ øand inserting specific period of time; or lowing: ‘‘may’’¿. ‘‘(II) compelling circumstances beyond the ‘‘(e) In a small business case, the plan shall control of the debtor justify an extension. SEC. 432. SERIAL FILER PROVISIONS. ‘‘(3) The court shall commence the hearing be confirmed not later than 150 days after Section 362 of title 11, United States Code, the date of the order for relief, unless such on any motion under this subsection not is amended— later than 30 days after filing of the motion, 150-day period is extended as provided in sec- (1) in subsection (j), as redesignated by sec- tion 1121(e)(3).’’. and shall decide the motion within 15 days tion 305(1) of this Act— after commencement of the hearing, unless SEC. 429. PROHIBITION AGAINST EXTENSION OF (A) by striking ‘‘An’’ and inserting ‘‘(1) Ex- the movant expressly consents to a continu- TIME. cept as provided in paragraph (2), an’’; and ance for a specific period of time or compel- Section 105(d) of title 11, United States (B) by adding at the end the following: ling circumstances prevent the court from Code, is amended— ‘‘(2) If such violation is based on an action meeting the time limits established by this (1) in paragraph (1), by striking ‘‘and’’ at taken by an entity in the good faith belief paragraph. the end; that subsection (h) applies to the debtor, the ‘‘(4) For purposes of this subsection, cause (2) in paragraph (2)ø(B)(vi)¿, by striking recovery under paragraph (1) against such includes— the period at the end and inserting ‘‘; and’’; entity shall be limited to actual damages.’’; ‘‘(A) substantial or continuing loss to or and and diminution of the estate; (3) by adding at the end the following: (2) by inserting after subsection (j),øas ‘‘(B) gross mismanagement of the estate; ‘‘(3) in a small business case, not extend added by section 419 of this Act¿, the fol- ‘‘(C) failure to maintain appropriate insur- the time periods specified in sections 1121(e) lowing: ance; and 1129(e), except as provided in section ‘‘(k)(1) Except as provided in paragraph (2), ‘‘(D) unauthorized use of cash collateral 1121(e)(3).’’. the filing of a petition under chapter 11 øof harmful to 1 or more creditors; SEC. 430. DUTIES OF THE UNITED STATES TRUST- this title¿ operates as a stay of the acts de- ‘‘(E) failure to comply with an order of the EE. scribed in subsection (a) only in an involun- court; Section 586(a) of title 28, United States tary case involving no collusion by the debt- ‘‘(F) failure timely to satisfy any filing or Code, is amended— or with creditors and in which the debtor— reporting requirement established by this (1) in paragraph (3)— ‘‘(A) is a debtor in a small business case title or by any rule applicable to a case (A) in subparagraph (G), by striking ‘‘and’’ pending at the time the petition is filed; under this chapter; at the end; ‘‘(B) was a debtor in a small business case ‘‘(G) failure to attend the meeting of credi- (B) by redesignating subparagraph (H) as that was dismissed for any reason by an tors convened under section 341(a) or an ex- subparagraph (I); and order that became final in the 2-year period amination ordered under Rule 2004 of the (C) by inserting after subparagraph (G) the ending on the date of the order for relief en- Federal Rules of Bankruptcy Procedure; following: tered with respect to the petition; ‘‘(H) failure timely to provide information ‘‘(H) in small business cases (as defined in ‘‘(C) was a debtor in a small business case or attend meetings reasonably requested by section 101 of title 11), performing the addi- in which a plan was confirmed in the 2-year the United States trustee; tional duties specified in title 11 pertaining period ending on the date of the order for re- ‘‘(I) failure timely to pay taxes due after to such cases;’’; lief entered with respect to the petition; or the date of the order for relief or to file tax (2) in paragraph (5), by striking ‘‘and’’ at ‘‘(D) is an entity that has succeeded to sub- returns due after the order for relief; the end; stantially all of the assets or business of a ‘‘(J) failure to file a disclosure statement, (3) in paragraph (6), by striking the period small business debtor described in subpara- or to file or confirm a plan, within the time at the end and inserting ‘‘; and’’; and graph (A), (B), or (C). fixed by this title or by order of the court; (4) by inserting after paragraph (6) the fol- ‘‘(2) Paragraph (1) does not apply to the fil- ‘‘(K) failure to pay any fees or charges re- lowing: ing of a petition if the debtor proves by a quired under chapter 123 of title 28; ‘‘(7) in each of such small business cases— preponderance of the evidence that— ‘‘(L) revocation of an order of confirmation ‘‘(A) conduct an initial debtor interview as ‘‘(A) the filing of that petition resulted under section 1144; soon as practicable after the entry of order from circumstances beyond the control of ‘‘(M) inability to effectuate substantial for relief but before the first meeting sched- the debtor not foreseeable at the time the consummation of a confirmed plan; uled under section 341(a) of title 11, at which case then pending was filed; and ‘‘(N) material default by the debtor with time the United States trustee shall— ‘‘(B) it is more likely than not that the respect to a confirmed plan; and ‘‘(i) begin to investigate the debtor’s via- court will confirm a feasible plan, but not a ‘‘(O) termination of a plan by reason of the bility; liquidating plan, within a reasonable period occurrence of a condition specified in the ‘‘(ii) inquire about the debtor’s business of time.’’. plan. plan; SEC. 433. EXPANDED GROUNDS FOR DISMISSAL ‘‘(5) The court shall commence the hearing ‘‘(iii) explain the debtor’s obligations to OR CONVERSION AND APPOINT- on any motion under this subsection not file monthly operating reports and other re- MENT OF TRUSTEE. later than 30 days after filing of the motion, quired reports; (a) EXPANDED GROUNDS FOR DISMISSAL OR and shall decide the motion within 15 days ‘‘(iv) attempt to develop an agreed sched- CONVERSION.—Section 1112 of title 11, United after commencement of the hearing, unless uling order; and States Code, is amended by striking sub- the movant expressly consents to a continu- ‘‘(v) inform the debtor of other obligations; section (b) and inserting the following: ance for a specific period of time or compel- ‘‘(B) if determined to be appropriate and ‘‘(b)(1) Except as provided in paragraph (2), ling circumstances prevent the court from advisable, visit the appropriate business in subsection (c), and section 1104(a)(3), on meeting the time limits established by this premises of the debtor and ascertain the request of a party in interest, and after no- paragraph.’’. state of the debtor’s books and records and tice and a hearing, the court shall convert a (b) ADDITIONAL GROUNDS FOR APPOINTMENT verify that the debtor has filed its tax re- case under this chapter to a case under chap- OF TRUSTEE.—Section 1104(a) of title 11, turns; and ter 7 or dismiss a case under this chapter, United States Code, is amended— S12028 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) in paragraph (1), by striking ‘‘or’’ at the TITLE VI—IMPROVED BANKRUPTCY ‘‘(4) the debtor has failed to explain end; STATISTICS AND DATA satisfactorily— (2) in paragraph (2), by striking the period SEC. 601. AUDIT PROCEDURES. ‘‘(A) a material misstatement in an audit at the end and inserting ‘‘; or’’; and (a) AMENDMENTS.—Section 586 of title 28, performed under section 586(f) of title 28; or (3) by adding at the end the following: United States Code, is amended— ‘‘(B) a failure to make available for inspec- ‘‘(3) if grounds exist to convert or dismiss (1) in subsection (a), by striking paragraph tion all necessary accounts, papers, docu- the case under section 1112, but the court de- (6) and inserting the following: ments, financial records, files, and any other termines that the appointment of a trustee ‘‘(6) make such reports as the Attorney papers, things, or property belonging to the is in the best interests of creditors and the General directs, including the results of au- debtor that are requested for an audit con- estate.’’. dits performed under subsection (f); and’’; ducted under section 586(f).’’. (d) EFFECTIVE DATE.—The amendments SEC. 434. STUDY OF OPERATION OF TITLE 11, and UNITED STATES CODE, WITH RE- (2) by adding at the end the following: made by this section shall take effect 18 SPECT TO SMALL BUSINESSES. ‘‘(f)(1)(A) The Attorney General shall es- months after the date of enactment of this Not later than 2 years after the date of the tablish procedures to determine the accu- Act. enactment of this Act, the Administrator of racy, veracity, and completeness of peti- SEC. 602. IMPROVED BANKRUPTCY STATISTICS. the Small Business Administration, in con- tions, schedules, and other information (a) AMENDMENT.—Chapter 6 of title 28, sultation with the Attorney General of the which the debtor is required to provide under United States Code, is amended by adding at United States, the Director of the Adminis- sections 521 and 1322 of title 11, and, if appli- the end the following: trative Office of United States Trustees, and cable, section 111 of title 11, in individual ‘‘§ 159. Bankruptcy statistics the Director of the Administrative Office of cases filed under chapter 7 or 13 of such title. ‘‘(a) The clerk of each district court shall the United States Courts, shall— ‘‘(B) Those procedures shall— compile statistics regarding individual debt- (1) conduct a study to determine— ‘‘(i) establish a method of selecting appro- ors with primarily consumer debts seeking (A) the internal and external factors that priate qualified persons to contract to per- relief under chapters 7, 11, and 13 of title 11. cause small businesses, especially sole pro- form those audits; Those statistics shall be in a form prescribed prietorships, to become debtors in cases ‘‘(ii) establish a method of randomly se- by the Director of the Administrative Office under title 11, United States Code, and that lecting cases to be audited, except that not of the United States Courts (referred to in cause certain small businesses to success- less than 1 out of every 250 cases in each Fed- this section as the ‘Office’). fully complete cases under chapter 11 of such eral judicial district shall be selected for ‘‘(b) The Director shall— title; and audit; ‘‘(1) compile the statistics referred to in (B) how Federal laws relating to bank- ‘‘(iii) require audits for schedules of in- subsection (a); ruptcy may be made more effective and effi- come and expenses which reflect greater ‘‘(2) make the statistics available to the cient in assisting small businesses to remain than average variances from the statistical public; and viable; and norm of the district in which the schedules ‘‘(3) not later than October 31, 1999, and an- (2) submit to the President pro tempore of were filed if those variances occur by reason nually thereafter, prepare, and submit to the Senate and the Speaker of the House of of higher income or higher expenses than the Congress a report concerning the informa- Representatives a report summarizing that statistical norm of the ødisctrict¿ district in tion collected under subsection (a) that con- study. which the schedules were filed; and tains an analysis of the information. SEC. 435. PAYMENT OF INTEREST. ‘‘(iv) include procedures for providing, not ‘‘(c) The compilation required under sub- section (b) shall— Section 362(d)(3) of title 11, United States less frequently than annually, public infor- ‘‘(1) be itemized, by chapter, with respect Code, is amended— mation concerning the aggregate results of to title 11; (1) by inserting ‘‘or 30 days after the court the audits referred to in this subparagraph, ‘‘(2) be presented in the aggregate and for determines that the debtor is subject to this including the percentage of cases, by dis- each district; and paragraph, whichever is later’’ after ‘‘90-day trict, in which a material misstatement of ‘‘(3) include information concerning— period)’’; and income or expenditures is reported. ‘‘(A) the total assets and total liabilities of (2) by striking subparagraph (B) and insert- ‘‘(2) The United States trustee for each dis- the debtors described in subsection (a), and ing the following: trict may contract with auditors to perform in each category of assets and liabilities, as ‘‘(B) the debtor has commenced monthly audits in cases designated by the United reported in the schedules prescribed under payments that— States trustee according to the procedures section 2075 and filed by those debtors; ‘‘(i) may, in the debtor’s sole discretion, established under paragraph (1). ‘‘(B) the total current monthly income, notwithstanding section 363(c)(2), be made ‘‘(3)(A) The report of each audit conducted projected monthly net income, and average from rents or other income generated before under this subsection shall be filed with the income, and average expenses of those debt- or after the commencement of the case by or court and transmitted to the United States ors as reported on the schedules and state- from the property to each creditor whose trustee. Each report shall clearly and con- ments that each such debtor files under sec- claim is secured by such real estate (other spicuously specify any material tions 111, 521, and 1322 of title 11; than a claim secured by a judgment lien or misstatement of income or expenditures or ‘‘(C) the aggregate amount of debt dis- by an unmatured statutory lien); and of assets identified by the person performing charged in the reporting period, determined ‘‘(ii) are in an amount equal to interest at the audit. In any case where a material as the difference between the total amount the then applicable nondefault contract rate misstatement of income or expenditures or of debt and obligations of a debtor reported of interest on the value of the creditor’s in- of assets has been reported, the clerk of the on the schedules and the amount of such terest in the real estate; or’’. bankruptcy court shall give notice of the misstatement to the creditors in the case. debt reported in categories which are pre- TITLE V—MUNICIPAL BANKRUPTCY ‘‘(B) If a material misstatement of income dominantly nondischargeable; PROVISIONS or expenditures or of assets is reported, the ‘‘(D) the average period of time between SEC. 501. PETITION AND PROCEEDINGS RELATED United States trustee shall— the filing of the petition and the closing of TO PETITION. ‘‘(i) report the material misstatement, if the case; (a) TECHNICAL AMENDMENT RELATING TO appropriate, to the United States Attorney ‘‘(E) for the reporting period— MUNICIPALITIES.—Section 921(d) of title 11, under section 3057 of title 18; and ‘‘(i) the number of cases in which a reaffir- United States Code, is amended by inserting ‘‘(ii) if advisable, take appropriate action, mation was filed; and ‘‘, notwithstanding section 301(b)’’ before the including commencing an adversary pro- ‘‘(ii)(I) the total number of reaffirmations period at the end. ceeding to revoke the debtor’s discharge filed; under section 727(d) of title 11.’’. ‘‘(II) of those cases in which a reaffirma- (b) CONFORMING AMENDMENT.—Section 301 of title 11, United States Code, is amended— (b) AMENDMENTS TO SECTION 521 OF TITLE tion was filed, the number in which the debt- (1) by inserting ‘‘(a)’’ before ‘‘A vol- 11, UNITED STATES CODE.—Paragraphs (3) and or was not represented by an attorney; and untary’’; and (4) of section 521(a) of title 11, United States ‘‘(III) of the cases under each of subclauses Code, as amended by section 315 of this Act, (I) and (II), the number of cases in which the (2) by striking the last sentence; and øin- are each amended by inserting ‘‘or an audi- reaffirmation was approved by the court; serting the following¿: tor appointed under section 586 of title 28’’ ‘‘(F) with respect to cases filed under chap- (3) by adding at the end the following: after ‘‘serving in the case’’ each place that ter 13 of title 11, for the reporting period— ‘‘(b) The commencement of a voluntary term appears. ‘‘(i)(I) the number of cases in which a final case under a chapter of this title constitutes (c) AMENDMENTS TO SECTION 727 OF TITLE order was entered determining the value of an order for relief under such chapter.’’. 11, UNITED STATES CODE.—Section 727(d) of property securing a claim in an amount less SEC. 502. APPLICABILITY OF OTHER SECTIONS title 11, United States Code, is amended— than the amount of the claim; and TO CHAPTER 9. (1) in paragraph (2), by striking ‘‘or’’ at the ‘‘(II) the number of final orders deter- Section ø901¿ 901(a) of title 11, United end; mining the value of property securing a States Code, is amended— (2) in paragraph (3), by striking the period claim issued; (1) by inserting ‘‘555, 556,’’ after ‘‘553,’’; and at the end and inserting ‘‘; or’’; and ‘‘(ii) the number of cases dismissed for fail- (2) by inserting ‘‘559, 560,’’ after ‘‘557,’’. (3) by adding at the end the following: ure to make payments under the plan; and October 5, 1999 CONGRESSIONAL RECORD — SENATE S12029 ‘‘(iii) the number of cases in which the ‘‘(3) The information described in para- (2) in subsection (b)(2), by inserting ‘‘(ex- debtor filed another case during the 6-year graphs (1) and (2) shall be in addition to such cept that such expenses, other than claims period preceding the date of filing; other matters as are required by law for a for wages, salaries, or commissions which ‘‘(G) the number of cases in which credi- final report or as the Attorney General, in arise after the filing of a petition, shall be tors were fined for misconduct and any the discretion of the Attorney General, may limited to expenses incurred under chapter 7 amount of punitive damages awarded by the propose for a final report. of this title and shall not include expenses court for creditor misconduct; and ‘‘(e)(1) Periodic reports proposed for adop- incurred under chapter 11 of this title)’’ after ‘‘(H) the number of cases in which sanc- tion by trustees or debtors in possession ‘‘507(a)(1)’’; and tions under Rule 9011 of the Federal Rules of under chapter 11 of title 11 shall include— (3) by adding at the end the following: Bankruptcy Procedure were imposed against ‘‘(A) information about the standard indus- ‘‘(e) Before subordinating a tax lien on real debtor’s counsel and damages awarded under try classification, published by the Depart- or personal property of the estate, the trust- such rule.’’. ment of Commerce, for the businesses con- ee shall— (b) CLERICAL AMENDMENT.—The table of ducted by the debtor; ‘‘(1) exhaust the unencumbered assets of sections for chapter 6 of title 28, United ‘‘(B) the length of time the case has been the estate; and States Code, is amended by adding at the end pending; ‘‘(2) in a manner consistent with section the following: ‘‘(C) the number of full-time employees— 506(c), recover from property securing an al- ‘‘159. Bankruptcy statistics.’’. ‘‘(i) as of the date of the order for relief; lowed secured claim the reasonable, nec- and (c) EFFECTIVE DATE.—The amendments essary costs, and expenses of preserving or ‘‘(ii) at the end of each reporting period made by this section shall take effect 18 disposing of that property. since the case was filed; months after the date of enactment of this ‘‘(f) Notwithstanding the exclusion of ad ‘‘(D) cash receipts, cash disbursements, and Act. valorem tax liens under this section and sub- profitability of the debtor for the most re- ject to the requirements of subsection (e), SEC. 603. UNIFORM RULES FOR THE COLLECTION cent period and cumulatively since the date OF BANKRUPTCY DATA. the following may be paid from property of of the order for relief; (a) AMENDMENT.—Chapter 39 of title 28, the estate which secures a tax lien, or the ‘‘(E) compliance with title 11, whether or United States Code, is amended by inserting proceeds of such property: not tax returns and tax payments since the after section 589a the following: ‘‘(1) Claims for wages, salaries, and com- date of the order for relief have been timely missions that are entitled to priority under ‘‘§ 589b. Bankruptcy data filed and made; section 507(a)(3). ‘‘(a) Within a reasonable period of time ‘‘(F) all professional fees approved by the ‘‘(2) Claims for contributions to an em- after the effective date of this section, the court in the case for the most recent period ployee benefit plan entitled to priority under Attorney General of the United States shall and cumulatively since the date of the order section 507(a)(4).’’. issue rules requiring uniform forms for (and for relief (separately reported, for the profes- from time to time thereafter to appro- sional fees incurred by or on behalf of the (b) DETERMINATION OF TAX LIABILITY.—Sec- priately modify and approve)— debtor, between those that would have been tion 505(a)(2) of title 11, United States Code, ‘‘(1) final reports by trustees in cases under incurred absent a bankruptcy case and those is amended— chapters 7, 12, and 13 of title 11; and that would not have been so incurred); and (1) in subparagraph (A), by striking ‘‘or’’ at ‘‘(2) periodic reports by debtors in posses- ‘‘(G) plans of reorganization filed and con- the end; sion or trustees, as the case may be, in cases firmed and, with respect thereto, by class, (2) in subparagraph (B), by striking the pe- under chapter 11 of title 11. the recoveries of the holders, expressed in riod at the end and inserting ‘‘; or’’; and ‘‘(b) Each report referred to in subsection aggregate dollar values and, in the case of (3) by adding at the end the following: (a) shall be designed (and the requirements claims, as a percentage of total claims of the ‘‘(C) the amount or legality of any amount as to place and manner of filing shall be es- class allowed. arising in connection with an ad valorem tax tablished) so as to facilitate compilation of ‘‘(2) The information described in para- on real or personal property of the estate, if data and maximum practicable access of the graph (1) shall be in addition to such other the applicable period for contesting or rede- public, by— matters as are required by law for a periodic termining that amount under any law (other ‘‘(1) physical inspection at 1 or more cen- report or as the Attorney General, in the dis- than a bankruptcy law) has expired.’’. tral filing locations; and cretion of the Attorney General, may pro- SEC. 702. EFFECTIVE NOTICE TO GOVERNMENT. ‘‘(2) electronic access through the Internet pose for a periodic report.’’. (a) EFFECTIVE NOTICE TO GOVERNMENTAL or other appropriate media. (b) TECHNICAL AMENDMENT.—The table of UNITS.—Section 342 of title 11, United States ‘‘(c)(1) The information required to be filed sections for chapter 39 of title 28, United Code, as amended by section 315(a) of this in the reports referred to in subsection (b) States Code, is amended by adding at the end Act, is amended by adding at the end the fol- shall be information that is— the following: lowing: ‘‘(A) in the best interests of debtors and ‘‘589b. Bankruptcy data.’’. ‘‘(g)(1) If a debtor lists a governmental unit creditors, and in the public interest; and SEC. 604. SENSE OF CONGRESS REGARDING as a creditor in a list or schedule, any notice ‘‘(B) reasonable and adequate information AVAILABILITY OF BANKRUPTCY required to be given by the debtor under this to evaluate the efficiency and practicality of DATA. title, applicable rule, other provision of law, the Federal bankruptcy system. It is the sense of Congress that— ‘‘(2) In issuing rules proposing the forms or order of the court, shall identify the de- (1) it should be the national policy of the partment, agency, or instrumentality referred to in subsection (a), the Attorney United States that all data held by bank- General shall strike the best achievable through which the debtor is indebted. ruptcy clerks in electronic form, to the ex- ‘‘(2) The debtor shall identify (with infor- practical balance between— tent such data reflects only public records ‘‘(A) the reasonable needs of the public for mation such as a taxpayer identification (as defined in section 107 of title 11, United number, loan, account or contract number, information about the operational results of States Code), should be released in a usable the Federal bankruptcy system; and or real estate parcel number, if applicable), electronic form in bulk to the public subject and describe the underlying basis for the ‘‘(B) economy, simplicity, and lack of to such appropriate privacy concerns and undue burden on persons with a duty to file claim of the governmental unit. safeguards as the Judicial Conference of the ‘‘(3) If the liability of the debtor to a gov- reports. United States may determine; and ‘‘(d)(1) Final reports proposed for adoption ernmental unit arises from a debt or obliga- (2) there should be established a bank- by trustees under chapters 7, 12, and 13 of tion owed or incurred by another individual, title 11 shall include with respect to a case ruptcy data system in which— entity, or organization, or under a different under such title, by appropriate category— (A) a single set of data definitions and name, the debtor shall identify that indi- ‘‘(A) information about the length of time forms are used to collect data nationwide; vidual, entity, organization, or name. the case was pending; and ‘‘(h) The clerk shall keep and update on a ‘‘(B) assets abandoned; (B) data for any particular bankruptcy quarterly basis, in such form and manner as ‘‘(C) assets exempted; case are aggregated in the same electronic the Director of the Administrative Office of ‘‘(D) receipts and disbursements of the es- record. the United States Courts prescribes, a reg- tate; TITLE VII—BANKRUPTCY TAX ister in which a governmental unit may des- ‘‘(E) expenses of administration; PROVISIONS ignate or redesignate a mailing address for ‘‘(F) claims asserted; SEC. 701. TREATMENT OF CERTAIN LIENS. service of notice in cases pending in the dis- ‘‘(G) claims allowed; and (a) TREATMENT OF CERTAIN LIENS.—Section trict. The clerk shall make such register ‘‘(H) distributions to claimants and claims 724 of title 11, United States Code, is available to debtors.’’. discharged without payment. amended— (b) ADOPTION OF RULES PROVIDING NO- ‘‘(2) In cases under chapters 12 and 13 of (1) in subsection (b), in the matter pre- TICE.— title 11, final reports proposed for adoption ceding paragraph (1), by inserting ‘‘(other (1) IN GENERAL.—Within a reasonable pe- by trustees shall include— than to the extent that there is a properly riod of time after the date of enactment of ‘‘(A) the date of confirmation of the plan; perfected unavoidable tax lien arising in con- this Act, the Advisory Committee on Bank- ‘‘(B) each modification to the plan; and nection with an ad valorem tax on real or ruptcy Rules of the Judicial Conference shall ‘‘(C) defaults by the debtor in performance personal property of the estate)’’ after propose for adoption enhanced rules for pro- under the plan. ‘‘under this title’’; viding notice to Federal, State, and local S12030 CONGRESSIONAL RECORD — SENATE October 5, 1999 government units that have regulatory au- minimum rate of interest shall be a percent- (1) in subparagraph (C), by striking ‘‘or’’ at thority over the debtor or that may be credi- age equal to the sum of— the end; tors in the debtor’s case. ‘‘(i) 3; plus (2) in subparagraph (D), by striking the pe- (2) PERSONS NOTIFIED.—The rules proposed ‘‘(ii) the Federal short-term rate rounded riod at the end and inserting ‘‘; or’’; and under paragraph (1) shall be reasonably cal- to the nearest full percent, determined under (3) by adding at the end the following: culated to ensure that notice will reach the section 1274(d) of the Internal Revenue Code ‘‘(E) the appeal of a decision by a court or representatives of the governmental unit (or of 1986. administrative tribunal which determines a subdivision thereof) who will be the appro- ‘‘(B) In the case of any claim for Federal tax liability of the debtor (without regard to priate persons authorized to act upon the no- income taxes, the minimum rate of interest whether such determination was made tice. shall be subject to any adjustment that may prepetition or postpetition).’’. (3) RULES REQUIRED.—At a minimum, the be required under section 6621(d) of the Inter- SEC. 710. PERIODIC PAYMENT OF TAXES IN CHAP- rules under paragraph (1) should require that nal Revenue Code of 1986. TER 11 CASES. the debtor— ‘‘(C) In the case of taxes paid under a con- Section 1129(a)(9) of title 11, United States (A) identify in the schedules and the no- firmed plan or reorganization under this Code, is amended— tice, the subdivision, agency, or entity with title, the minimum rate of interest shall be (1) in subparagraph (B), by striking ‘‘and’’ respect to which such notice should be re- determined as of the calendar month in at the end; and ceived; which the plan is confirmed.’’. (2) in subparagraph (C), by striking ‘‘de- (B) provide sufficient information (such as (b) CLERICAL AMENDMENT.—The table of ferred cash payments, over a period not ex- case captions, permit numbers, taxpayer sections for chapter 5 of title 11, United ceeding six years after the date of assess- identification numbers, or similar identi- States Code, is amended by inserting after ment of such claim,’’ and all that follows fying information) to permit the govern- the item relating to section 510 the fol- through the end of the subparagraph, and in- mental unit (or subdivision thereof) entitled lowing: serting ‘‘regular installment payments— to receive such notice to identify the debtor ‘‘511. Rate of interest on tax claims.’’. ‘‘(i) of a total value, as of the effective date or the person or entity on behalf of which of the claim, equal to the allowed amount of the debtor is providing notice in any case in SEC. 705. TOLLING OF PRIORITY OF TAX CLAIM TIME PERIODS. such claim in cash, but in no case with a bal- which— Section 507(a)(8)(A) of title 11, United loon payment; and (i) the debtor may be a successor in inter- States Code, øas redesignated by section 212 ‘‘(ii) beginning not later than the effective est; or of this Act,¿ is amended— date of the plan and ending on the earlier (ii) may not be the same entity as the enti- (1) in clause (i), by inserting before the of— ty that incurred the debt or obligation; and semicolon at the end, the following: ‘‘, plus ‘‘(I) the date that is 5 years after the date (C) identify, in appropriate schedules, any time during which the stay of pro- of the filing of the petition; or served together with the notice— ceedings was in effect in a prior case under ‘‘(II) the last date payments are to be made (i) the property with respect to which the this title, plus 6 months’’; and under the plan to unsecured creditors; and’’; claim or regulatory obligation may have (2) by striking clause (ii) and inserting the and arisen, if applicable; following: (3) by adding at the end the following: (ii) the nature of such claim or regulatory ‘‘(ii) assessed within 240 days before the ‘‘(D) with respect to a secured claim which obligation; and date of the filing of the petition, exclusive would otherwise meet the description on an (iii) the purpose for which notice is being of— unsecured claim of a governmental unit given. ‘‘(I) any time during which an offer in com- under section 507(a)(8), but for the secured (c) EFFECT OF FAILURE OF NOTICE.—Section 342 of title 11, United States Code, as amend- promise with respect to that tax, was pend- status of that claim, the holder of that claim ed by subsection (a), is amended by adding at ing or in effect during that 240-day period, will receive on account of that claim, cash the end the following: plus 30 days; payments, in the same manner and over the ‘‘(i) A notice that does not comply with ‘‘(II) the lesser of— same period, as prescribed in subparagraph subsections (d) and (e) shall not be effective ‘‘(aa) any time during which an install- (C).’’. unless the debtor demonstrates by clear and ment agreement with respect to that tax was SEC. 711. AVOIDANCE OF STATUTORY TAX LIENS convincing evidence that— pending or in effect during that 240-day pe- PROHIBITED. ‘‘(1) timely notice was given in a manner riod, plus 30 days; or Section 545(2) of title 11, United States reasonably calculated to satisfy the require- ‘‘(bb) 1 year; and Code, is amended by striking the semicolon ments of this section; and ‘‘(III) any time during which a stay of pro- at the end and inserting ‘‘, except in any ‘‘(2) either— ceedings against collections was in effect in case in which a purchaser is a purchaser de- ‘‘(A) the notice was timely sent to the ad- a prior case under this title during that 240- scribed in section 6323 of the Internal Rev- dress provided in the register maintained by day period; plus 6 months.’’. enue Code of 1986, or in any other similar the clerk of the district in which the case SEC. 706. PRIORITY PROPERTY TAXES INCURRED. provision of State or local law;’’. was pending for such purposes; or Section 507(a)(9)(B) of title 11, United SEC. 712. PAYMENT OF TAXES IN THE CONDUCT ‘‘(B) no address was provided in such list States Code, øas redesignated by section 221 OF BUSINESS. for the governmental unit and that an officer of this Act,¿ is amended by striking ‘‘as- (a) PAYMENT OF TAXES REQUIRED.—Section of the governmental unit who is responsible sessed’’ and inserting ‘‘incurred’’. 960 of title 28, United States Code, is for the matter or claim had actual knowl- SEC. 707. CHAPTER 13 DISCHARGE OF FRAUDU- amended— edge of the case in sufficient time to act.’’. LENT AND OTHER TAXES. (1) by inserting ‘‘(a)’’ before ‘‘Any’’; and SEC. 703. NOTICE OF REQUEST FOR A DETER- Section 1328(a)(2) of title 11, United States (2) by adding at the end the following: MINATION OF TAXES. Code, as amended by section ø228¿ 314 of this ‘‘(b) A tax under subsection (a) shall be The second sentence of section 505(b) of Act, is amended by inserting ‘‘(1),’’ after paid when due in the conduct of business title 11, United States Code, is amended by ‘‘paragraph’’. unless— striking ‘‘Unless’’ and inserting ‘‘If the re- SEC. 708. CHAPTER 11 DISCHARGE OF FRAUDU- ‘‘(1) the tax is a property tax secured by a quest is made substantially in the manner LENT TAXES. lien against property that is abandoned designated by the governmental unit and un- Section 1141(d) of title 11, United States within a reasonable period of time after the less’’. Code, is amended by adding at the end the lien attaches, by the trustee of a bankruptcy SEC. 704. RATE OF INTEREST ON TAX CLAIMS. following: estate, under section 554 of title 11; or (a) IN GENERAL.—Subchapter I of chapter 5 ‘‘(5) Notwithstanding paragraph (1), the ‘‘(2) payment of the tax is excused under a of title 11, United States Code, is amended by confirmation of a plan does not discharge a specific provision of title 11. adding at the end the following: debtor that is a corporation from any debt ‘‘(c) In a case pending under chapter 7 of ‘‘§ 511. Rate of interest on tax claims for a tax or customs duty with respect to title 11, payment of a tax may be deferred ‘‘If any provision of this title requires the which the debtor— until final distribution is made under section payment of interest on a tax claim or the ‘‘(A) made a fraudulent return; or 726 of title 11, if— payment of interest to enable a creditor to ‘‘(B) willfully attempted in any manner to ‘‘(1) the tax was not incurred by a trustee receive the present value of the allowed evade or defeat that tax or duty.’’. duly appointed under chapter 7 of title 11; or amount of a tax claim, the rate of interest SEC. 709. STAY OF TAX PROCEEDINGS. ‘‘(2) before the due date of the tax, the shall be as follows: (a) SECTION 362 STAY LIMITED TO court makes a finding of probable insuffi- ‘‘(1) In the case of secured tax claims, unse- PREPETITION TAXES.—Section 362(a)(8) of ciency of funds of the estate to pay in full cured ad valorem tax claims, other unse- title 11, United States Code, is amended by the administrative expenses allowed under cured tax claims in which interest is re- inserting before the semicolon at the end the section 503(b) of title 11 that have the same quired to be paid under section 726(a)(5), and following: ‘‘, with respect to a tax liability priority in distribution under section 726(b) administrative tax claims paid under section for a taxable period ending before the order of title 11 as the priority of that tax.’’. 503(b)(1), the rate shall be determined under for relief under section 301, 302, or 303’’. (b) PAYMENT OF AD VALOREM TAXES RE- applicable nonbankruptcy law. (b) APPEAL OF TAX COURT DECISIONS PER- QUIRED.—Section 503(b)(1)(B)(i) of title 11, ‘‘(2)(A) In the case of any tax claim other MITTED.—Section 362(b)(9) of title 11, United United States Code, is amended by inserting than a claim described in paragraph (1), the States Code, is amended— ‘‘whether secured or unsecured, including October 5, 1999 CONGRESSIONAL RECORD — SENATE S12031

property taxes for which liability is in rem, (b) ADDITIONAL TIME PERMITTED FOR FILING (e) RULES FOR OBJECTIONS TO CLAIMS AND in personam, or both,’’ before ‘‘except’’. TAX RETURNS.— TO CONFIRMATION.—It is the sense of Con- (c) REQUEST FOR PAYMENT OF ADMINISTRA- (1) IN GENERAL.—Chapter 13 of title 11, gress that the Advisory Committee on Bank- TIVE EXPENSE TAXES ELIMINATED.—Section United States Code, as amended by section ruptcy Rules of the Judicial Conference 503(b)(1) of title 11, United States Code, is 309(c) of this Act, is amended by adding at should, within a reasonable period of time amended— the end the following: after the date of enactment of this Act, pro- (1) in subparagraph (B), by striking ‘‘and’’ ‘‘§ 1309. Filing of prepetition tax returns pose for adoption amended Federal Rules of at the end; ‘‘(a) Not later than the day before the day Bankruptcy Procedure which provide that— (2) in subparagraph (C), by adding ‘‘and’’ at on which the first meeting of the creditors is (1) notwithstanding the provisions of Rule the end; and convened under section 341(a), the debtor 3015(f), in cases under chapter 13 of title 11, (3) by adding at the end the following: shall file with appropriate tax authorities all United States Code, a governmental unit ‘‘(D) notwithstanding the requirements of tax returns for all taxable periods ending may object to the confirmation of a plan on subsection (a), a governmental unit shall not during the 3-year period ending on the date or before the date that is 60 days after the be required to file a request for the payment of the filing of the petition. date on which the debtor files all tax returns of a claim described in subparagraph (B) or ‘‘(b)(1) Subject to paragraph (2), if the tax required under sections 1309 and 1325(a)(7) of (C);’’. returns required by subsection (a) have not title 11, United States Code; and (d) PAYMENT OF TAXES AND FEES AS SE- been filed by the date on which the first (2) in addition to the provisions of Rule CURED CLAIMS.—Section 506 of title 11, meeting of creditors is convened under sec- 3007, in a case under chapter 13 of title 11, United States Code, is amended— tion 341(a), the trustee may continue that United States Code, no objection to a tax (1) in subsection (b), by inserting ‘‘or State meeting for a reasonable period of time to with respect to which a return is required to statute’’ after ‘‘agreement’’; and allow the debtor an additional period of time be filed under section 1309 of title 11, United (2) in subsection (c), by inserting ‘‘, includ- to file any unfiled returns, but such addi- States Code, shall be filed until such return ing the payment of all ad valorem property tional period of time shall not extend has been filed as required. taxes with respect to the property’’ before beyond— the period at the end. SEC. 717. STANDARDS FOR TAX DISCLOSURE. ‘‘(A) for any return that is past due as of Section 1125(a)(1) of title 11, United States SEC. 713. TARDILY FILED PRIORITY TAX CLAIMS. the date of the filing of the petition, the date Code, is amended— Section 726(a)(1) of title 11, United States that is 120 days after the date of that first Code, is amended by striking ‘‘before the (1) by inserting ‘‘including a full discussion meeting; or date on which the trustee commences dis- of the potential material, Federal, State, and tribution under this section;’’ and inserting ‘‘(B) for any return that is not past due as local tax consequences of the plan to the the following: ‘‘on or before the earlier of— of the date of the filing of the petition, the debtor, any successor to the debtor, and a ‘‘(A) the date that is 10 days after the mail- later of— hypothetical investor domiciled in the State ing to creditors of the summary of the trust- ‘‘(i) the date that is 120 days after the date in which the debtor resides or has its prin- ee’s final report; or of that first meeting; or cipal place of business typical of the holders ‘‘(B) the date on which the trustee com- ‘‘(ii) the date on which the return is due of claims or interests in the case,’’ after mences final distribution under this sec- under the last automatic extension of time ‘‘records’’; and tion;’’. for filing that return to which the debtor is (2) by striking ‘‘a hypothetical reasonable SEC. 714. INCOME TAX RETURNS PREPARED BY entitled, and for which request has been investor typical of holders of claims or inter- TAX AUTHORITIES. timely made, according to applicable non- ests’’ and inserting ‘‘such a hypothetical in- Section 523(a) of title 11, United States bankruptcy law. vestor’’. Code, is amended— ‘‘(2) Upon notice and hearing, and order en- SEC. 718. SETOFF OF TAX REFUNDS. (1) in paragraph (1)(B)— tered before the tolling of any applicable fil- Section 362(b) of title 11, United States (A) by inserting ‘‘or equivalent report or ing period determined under this subsection, Code, as amended by section 402 of this Act, notice,’’ after ‘‘a return,’’; if the debtor demonstrates by clear and con- is amended— (B) in clause (i)— vincing evidence that the failure to file a re- (1) in paragraph (25), by striking ‘‘or’’ at (i) by inserting ‘‘or given’’ after ‘‘filed’’; turn as required under this subsection is at- the end; and tributable to circumstances beyond the con- (2) in paragraph (26), by striking the period (ii) by striking ‘‘or’’ at the end; and trol of the debtor, the court may extend the at the end and inserting ‘‘; or’’; and (C) in clause (ii)— filing period established by the trustee under (3) by inserting after paragraph (26) the fol- (i) by inserting ‘‘or given’’ after ‘‘filed’’; this subsection for— lowing: and ‘‘(A) a period of not more than 30 days for ‘‘(27) under subsection (a), of the setoff of (ii) by inserting ‘‘, report, or notice’’ after returns described in paragraph (1); and an income tax refund, by a governmental ‘‘return’’; and ‘‘(B) a period not to extend after the appli- unit, with respect to a taxable period that (2) by adding at the end the following flush cable extended due date for a return de- ended before the order for relief against an sentences: scribed in paragraph (2). income tax liability for a taxable period that ‘‘For purposes of this subsection, the term ‘‘(c) For purposes of this section, the term also ended before the order for relief, ‘return’ means a return that satisfies the re- ‘return’ includes a return prepared pursuant unless— quirements of applicable nonbankruptcy law to section 6020 (a) or (b) of the Internal Rev- ‘‘(A) before that setoff, an action to deter- enue Code of 1986, or a similar State or local (including applicable filing requirements). mine the amount or legality of that tax li- law, or written stipulation to a judgment en- Such term includes a return prepared pursu- ability under section 505(a) was commenced; tered by a nonbankruptcy tribunal.’’. ant to section 6020(a) of the Internal Revenue or (2) CONFORMING AMENDMENT.—The table of Code of 1986, or similar State or local law, or ‘‘(B) in any case in which the setoff of an a written stipulation to a judgment entered sections for chapter 13 of title 11, United States Code, is amended by inserting after income tax refund is not permitted because by a nonbankruptcy tribunal, but does not of a pending action to determine the amount include a return made pursuant to section the item relating to section 1308 the fol- lowing: or legality of a tax liability, in which case 6020(b) of the Internal Revenue Code of 1986, the governmental unit may hold the refund or a similar State or local law.’’. ‘‘1309. Filing of prepetition tax returns.’’. pending the resolution of the action.’’. SEC. 715. DISCHARGE OF THE ESTATE’S LIABIL- (c) DISMISSAL OR CONVERSION ON FAILURE ITY FOR UNPAID TAXES. TO COMPLY.—Section 1307 of title 11, United TITLE VIII—ANCILLARY AND OTHER The second sentence of section 505(b) of States Code, is amended— CROSS-BORDER CASES title 11, United States Code, as amended by (1) by redesignating subsections (e) and (f) SEC. 801. AMENDMENT TO ADD CHAPTER 15 TO section 703 of this Act, is amended by insert- as subsections (f) and (g), respectively; and TITLE 11, UNITED STATES CODE. ing ‘‘the estate,’’ after ‘‘misrepresentation,’’. (2) by inserting after subsection (d), the (a) IN GENERAL.—Title 11, United States SEC. 716. REQUIREMENT TO FILE TAX RETURNS following: Code, is amended by inserting after chapter TO CONFIRM CHAPTER 13 PLANS. ‘‘(e) Upon the failure of the debtor to file a 13 the following: (a) FILING OF PREPETITION TAX RETURNS tax return under section 1309, on request of a ‘‘CHAPTER 15—ANCILLARY AND OTHER REQUIRED FOR PLAN CONFIRMATION.—Section party in interest or the United States trust- CROSS-BORDER CASES 1325(a) of title 11, United States Code, as ee and after notice and a hearing, the court ‘‘Sec. amended by section ø212¿ 213 and 306 of this shall dismiss the case.’’. ‘‘1501. Purpose and scope of application. Act, is amended— (d) TIMELY FILED CLAIMS.—Section 502(b)(9) ‘‘SUBCHAPTER I—GENERAL PROVISIONS (1) in paragraph (6), by striking ‘‘and’’ at of title 11, United States Code, is amended by ‘‘1502. Definitions. inserting before the period at the end the fol- the end; ‘‘1503. International obligations of the lowing ‘‘, and except that in a case under (2) in paragraph (7), by striking the period United States. at the end and inserting ‘‘; and’’; and chapter 13 øof this title¿, a claim of a gov- ‘‘1504. Commencement of ancillary case. (3) by øadding at the end the following:¿ in- ernmental unit for a tax with respect to a re- ‘‘1505. Authorization to act in a foreign serting after paragraph (7) the following: turn filed under section 1309 shall be timely country. ‘‘(8) if the debtor has filed all applicable if the claim is filed on or before the date that ‘‘1506. Public policy exception. Federal, State, and local tax returns as re- is 60 days after that return was filed in ac- ‘‘1507. Additional assistance. quired by section 1309.’’. cordance with applicable requirements’’. ‘‘1508. Interpretation. S12032 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ‘‘(b) This chapter applies if— any way permitted by the applicable foreign REPRESENTATIVES AND CREDITORS ‘‘(1) assistance is sought in the United law. TO THE COURT States by a foreign court or a foreign rep- ‘‘§ 1506. Public policy exception ‘‘1509. Right of direct access. resentative in connection with a foreign pro- ‘‘Nothing in this chapter prevents the ‘‘1510. Limited jurisdiction. ceeding; court from refusing to take an action gov- ‘‘1511. Commencement of case under section ‘‘(2) assistance is sought in a foreign coun- erned by this chapter if the action would be 301 or 303. try in connection with a case under this manifestly contrary to the public policy of ‘‘1512. Participation of a foreign representa- title; the United States. ‘‘(3) a foreign proceeding and a case under tive in a case under this title. ‘‘§ 1507. Additional assistance ‘‘1513. Access of foreign creditors to a case this title with respect to the same debtor are ‘‘(a) Subject to the specific limitations under this title. taking place concurrently; or under other provisions of this chapter, the ‘‘1514. Notification to foreign creditors con- ‘‘(4) creditors or other interested persons court, upon recognition of a foreign pro- cerning a case under this title. in a foreign country have an interest in re- questing the commencement of, or partici- ceeding, may provide additional assistance ‘‘SUBCHAPTER III—RECOGNITION OF A pating in, a case or proceeding under this to a foreign representative under this title or FOREIGN PROCEEDING AND RELIEF title. under other laws of the United States. ‘‘1515. Application for recognition of a for- ‘‘(c) This chapter does not apply to— ‘‘(b) In determining whether to provide ad- eign proceeding. ‘‘(1) a proceeding concerning an entity ditional assistance under this title or under ‘‘1516. Presumptions concerning recognition. identified by exclusion in subsection 109(b); other laws of the United States, the court ‘‘1517. Order recognizing a foreign pro- ‘‘(2) an individual, or to an individual and shall consider whether such additional as- ceeding. such individual’s spouse, who have debts sistance, consistent with the principles of ‘‘1518. Subsequent information. within the limits specified in section 109(e) comity, will reasonably assure— ‘‘1519. Relief that may be granted upon peti- and who are citizens of the United States or ‘‘(1) just treatment of all holders of claims tion for recognition of a foreign aliens lawfully admitted for permanent resi- against or interests in the debtor’s property; proceeding. dence in the United States; or ‘‘(2) protection of claim holders in the ‘‘1520. Effects of recognition of a foreign ‘‘(3) an entity subject to a proceeding United States against prejudice and incon- main proceeding. under the Securities Investor Protection Act venience in the processing of claims in such ‘‘1521. Relief that may be granted upon rec- of 1970 (84 Stat. 1636 et seq.), a stockbroker foreign proceeding; ognition of a foreign pro- subject to subchapter III of chapter 7 of this ‘‘(3) prevention of preferential or fraudu- ceeding. title, or a commodity broker subject to sub- lent dispositions of property of the debtor; ‘‘1522. Protection of creditors and other in- chapter IV of chapter 7 of this title. ‘‘(4) distribution of proceeds of the debtor’s terested persons. property substantially in accordance with ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘1523. Actions to avoid acts detrimental to the order prescribed by this title; and creditors. ‘‘§ 1502. Definitions ‘‘(5) if appropriate, the provision of an op- ‘‘1524. Intervention by a foreign representa- ‘‘For the purposes of this chapter, the portunity for a fresh start for the individual tive. term— that such foreign proceeding concerns. ‘‘SUBCHAPTER IV—COOPERATION WITH ‘‘(1) ‘debtor’ means an entity that is the ‘‘§ 1508. Interpretation FOREIGN COURTS AND FOREIGN REP- subject of a foreign proceeding; ‘‘In interpreting this chapter, the court RESENTATIVES ‘‘(2) ‘establishment’ means any place of op- shall consider its international origin, and erations where the debtor carries out a non- ‘‘1525. Cooperation and direct communica- the need to promote an application of this transitory economic activity; tion between the court and for- chapter that is consistent with the applica- ‘‘(3) ‘foreign court’ means a judicial or eign courts or foreign rep- tion of similar statutes adopted by foreign other authority competent to control or su- resentatives. jurisdictions. pervise a foreign proceeding; ‘‘1526. Cooperation and direct communica- ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ‘‘(4) ‘foreign main proceeding’ means a for- tion between the trustee and REPRESENTATIVES AND CREDITORS eign proceeding taking place in the country foreign courts or foreign rep- TO THE COURT where the debtor has the center of its main resentatives. interests; ‘‘§ 1509. Right of direct access ‘‘1527. Forms of cooperation. ‘‘(5) ‘foreign nonmain proceeding’ means a ‘‘(a) A foreign representative is entitled to ‘‘SUBCHAPTER V—CONCURRENT foreign proceeding, other than a foreign commence a case under section 1504 by filing PROCEEDINGS main proceeding, taking place in a country a petition for recognition under section 1515, ‘‘1528. Commencement of a case under this where the debtor has an establishment; and upon recognition, to apply directly to title after recognition of a for- ‘‘(6) ‘trustee’ includes a trustee, a debtor in other Federal and State courts for appro- eign main proceeding. possession in a case under any chapter of priate relief in those courts. ‘‘1529. Coordination of a case under this title this title, or a debtor under chapter 9 of this ‘‘(b) Upon recognition, and subject to sec- and a foreign proceeding. title; and tion 1510, a foreign representative shall have ‘‘1530. Coordination of more than 1 foreign ‘‘(7) ‘within the territorial jurisdiction of the capacity to sue and be sued, and shall be proceeding. the United States’ when used with reference subject to the laws of the United States of ‘‘1531. Presumption of insolvency based on to property of a debtor refers to tangible general applicability. recognition of a foreign main property located within the territory of the ‘‘(c) Subject to section 1510, a foreign rep- proceeding. United States and intangible property resentative is subject to laws of general ap- ‘‘1532. Rule of payment in concurrent pro- deemed under applicable nonbankruptcy law plication. ceedings. to be located within that territory, including ‘‘(d) Recognition under this chapter is pre- requisite to the granting of comity or co- ‘‘§ 1501. Purpose and scope of application any property subject to attachment or gar- nishment that may properly be seized or gar- operation to a foreign representative in any ‘‘(a) The purpose of this chapter is to in- nished by an action in a Federal or State Federal or State court in the United States. corporate the Model Law on Cross-Border In- court in the United States. Any request for comity or cooperation by a solvency so as to provide effective mecha- foreign representative in any court shall be ‘‘§ 1503. International obligations of the nisms for dealing with cases of cross-border accompanied by a sworn statement setting United States insolvency with the objectives of— forth whether recognition under section 1515 ‘‘(1) cooperation between— ‘‘To the extent that this chapter conflicts has been sought and the status of any such ‘‘(A) United States courts, United States with an obligation of the United States aris- petition. Trustees, trustees, examiners, debtors, and ing out of any treaty or other form of agree- ‘‘(e) Upon denial of recognition under this debtors in possession; and ment to which it is a party with 1 or more chapter, the court may issue appropriate or- ‘‘(B) the courts and other competent au- other countries, the requirements of the ders necessary to prevent an attempt to ob- thorities of foreign countries involved in treaty or agreement prevail. tain comity or cooperation from courts in cross-border insolvency cases; ‘‘§ 1504. Commencement of ancillary case the United States without such recognition. ‘‘(2) greater legal certainty for trade and ‘‘A case under this chapter is commenced ‘‘§ 1510. Limited jurisdiction investment; by the filing of a petition for recognition of ‘‘(3) fair and efficient administration of ‘‘The sole fact that a foreign representa- a foreign proceeding under section 1515. cross-border insolvencies that protects the tive files a petition under section 1515 does interests of all creditors, and other inter- ‘‘§ 1505. Authorization to act in a foreign not subject the foreign representative to the ested entities, including the debtor; country jurisdiction of any court in the United ‘‘(4) protection and maximization of the ‘‘A trustee or another entity, including an States for any other purpose. value of the debtor’s assets; and examiner, may be authorized by the court to ‘‘§ 1511. Commencement of case under section ‘‘(5) facilitation of the rescue of financially act in a foreign country on behalf of an es- 301 or 303 troubled businesses, thereby protecting in- tate created under section 541. An entity au- ‘‘(a) Upon recognition, a foreign represent- vestment and preserving employment. thorized to act under this section may act in ative may commence— October 5, 1999 CONGRESSIONAL RECORD — SENATE S12033 ‘‘(1) an involuntary case under section 303; ‘‘SUBCHAPTER III—RECOGNITION OF A the manner prescribed for a case under sec- or FOREIGN PROCEEDING AND RELIEF tion 350. ‘‘(2) a voluntary case under section 301 or ‘‘§ 1515. Application for recognition of a for- ‘‘§ 1518. Subsequent information 302, if the foreign proceeding is a foreign eign proceeding ‘‘After øthe¿ the petition for recognition of main proceeding. ‘‘(a) A foreign representative applies to the the foreign proceeding is filed, the foreign ‘‘(b) The petition commencing a case under court for recognition of the foreign pro- representative shall file with the court subsection (a) must be accompanied by a ceeding in which the foreign representative promptly a notice of change of status statement describing the petition for rec- has been appointed by filing a petition for concerning— ognition and its current status. The court recognition. ‘‘(1) any substantial change in the status of where the petition for recognition has been ‘‘(b) A petition for recognition shall be ac- the foreign proceeding or the status of the filed must be advised of the foreign rep- companied by— foreign representative’s appointment; and resentative’s intent to commence a case ‘‘(1) a certified copy of the decision com- ‘‘(2) any other foreign proceeding regarding under subsection (a) prior to such com- mencing the foreign proceeding and appoint- the debtor that becomes known to the for- mencement. ing the foreign representative; eign representative. ‘‘§ 1512. Participation of a foreign representa- ‘‘(2) a certificate from the foreign court af- ‘‘§ 1519. Relief that may be granted upon peti- tive in a case under this title firming the existence of the foreign pro- tion for recognition of a foreign proceeding ceeding and of the appointment of the for- ‘‘(a) Beginning on the date on which a peti- ‘‘Upon recognition of a foreign proceeding, eign representative; or tion for recognition is filed and ending on the foreign representative in that proceeding ‘‘(3) in the absence of evidence referred to the date on which the petition is decided is entitled to participate as a party in inter- in paragraphs (1) and (2), any other evidence upon, the court may, at the request of the est in a case regarding the debtor under this acceptable to the court of the existence of foreign representative, where relief is ur- title. the foreign proceeding and of the appoint- gently needed to protect the assets of the ment of the foreign representative. ‘‘§ 1513. Access of foreign creditors to a case debtor or the interests of the creditors, grant ‘‘(c) A petition for recognition shall also be under this title relief of a provisional nature, including— accompanied by a statement identifying all ‘‘(1) staying execution against the debtor’s ‘‘(a) Foreign creditors have the same rights foreign proceedings with respect to the debt- assets; regarding the commencement of, and partici- or that are known to the foreign representa- ‘‘(2) entrusting the administration or real- pation in, a case under this title as domestic tive. ization of all or part of the debtor’s assets lo- creditors. ‘‘(d) The documents referred to in para- cated in the United States to the foreign rep- ‘‘(b)(1) Subsection (a) does not change or graphs (1) and (2) of subsection (b) must be resentative or another person authorized by codify law in effect on the date of enactment translated into English. The court may re- the court, including an examiner, in order to of this chapter as to the priority of claims quire a translation into English of additional protect and preserve the value of assets that, under section 507 or 726, except that the documents. by their nature or because of other cir- claim of a foreign creditor under section 507 ‘‘§ 1516. Presumptions concerning recognition or 726 shall not be given a lower priority cumstances, are perishable, susceptible to than that of general unsecured claims with- ‘‘(a) If the decision or certificate referred devaluation, or otherwise in jeopardy; and out priority solely because the holder of such to in section 1515(b) indicates that the for- ‘‘(3) any relief referred to in paragraph (3), claim is a foreign creditor. eign proceeding is a foreign proceeding as de- (4), or (7) of section 1521(a). fined in section 101 and that the person or ‘‘(b) Unless extended under section ‘‘(2)(A) Subsection (a) and paragraph (1) do body is a foreign representative as defined in 1521(a)(6), the relief granted under this sec- not change or codify law in effect on the date section 101, the court is entitled to so pre- tion terminates when the petition for rec- of enactment of this chapter as to the allow- sume. ognition is decided upon. ability of foreign revenue claims or other ‘‘(b) The court is entitled to presume that ‘‘(c) It is a ground for denial of relief under foreign public law claims in a proceeding documents submitted in support of the peti- this section that such relief would interfere under this title. tion for recognition are authentic, whether with the administration of a foreign main ‘‘(B) Allowance and priority as to a foreign or not they have been legalized. proceeding. tax claim or other foreign public law claim ‘‘(c) In the absence of evidence to the con- ‘‘(d) The court may not enjoin a police or shall be governed by any applicable tax trea- trary, the debtor’s registered office, or habit- regulatory act of a governmental unit, in- ty of the United States, under the conditions ual residence in the case of an individual, is cluding a criminal action or proceeding, and circumstances specified therein. presumed to be the center of the debtor’s under this section. ‘‘§ 1514. Notification to foreign creditors con- main interests. ‘‘(e) The standards, procedures, and limita- cerning a case under this title ‘‘§ 1517. Order recognizing a foreign pro- tions applicable to an injunction shall apply ceeding to relief under this section. ‘‘(a) Whenever in a case under this title no- ‘‘§ 1520. Effects of recognition of a foreign tice is to be given to creditors generally or ‘‘(a) Subject to section 1506, after notice main proceeding to any class or category of creditors, such and a hearing an order recognizing a foreign notice shall also be given to the known proceeding shall be entered if— ‘‘(a) Upon recognition of a foreign pro- creditors generally, or to creditors in the no- ‘‘(1) the foreign proceeding is a foreign ceeding that is a foreign main proceeding— tified class or category, that do not have ad- main proceeding or foreign nonmain pro- ‘‘(1) section 362 applies with respect to the dresses in the United States. The court may ceeding within the meaning of section 1502; debtor and that property of the debtor that order that appropriate steps be taken with a ‘‘(2) the foreign representative applying for is within the territorial jurisdiction of the view to notifying any creditor whose address recognition is a person or body as defined in United States; is not yet known. section 101; and ‘‘(2) a transfer, an encumbrance, or any ‘‘(3) the petition meets the requirements of other disposition of an interest of the debtor ‘‘(b) Such notification to creditors with section 1515. in property within the territorial jurisdic- foreign addresses described in subsection (a) ‘‘(b) The foreign proceeding shall be tion of the United States is restrained as and shall be given individually, unless the court recognized— to the extent that is provided for property of considers that, under the circumstances, ‘‘(1) as a foreign main proceeding if it is an estate under sections 363, 549, and 552; and some other form of notification would be taking place in the country where the debtor ‘‘(3) unless the court orders otherwise, the more appropriate. No letters rogatory or has the center of its main interests; or foreign representative may operate the debt- other similar formality is required. ‘‘(2) as a foreign nonmain proceeding if the or’s business and may exercise the powers of ‘‘(c) When a notification of commencement debtor has an establishment within the a trustee under section 549, subject to sec- of a case is to be given to foreign creditors, meaning of section 1502 in the foreign coun- tions 363 and 552. the notification shall— try where the proceeding is pending. ‘‘(b) The scope, and the modification or ‘‘(1) indicate the time period for filing ‘‘(c) A petition for recognition of a foreign termination, of the stay and restraints re- proofs of claim and specify the place for proceeding shall be decided upon at the ear- ferred to in subsection (a) are subject to the their filing; liest possible time. Entry of an order recog- exceptions and limitations provided in sub- ‘‘(2) indicate whether secured creditors nizing a foreign proceeding shall constitute sections (b), (c), and (d) of section 362, sub- need to file their proofs of claim; and recognition under this chapter. sections (b) and (c) of section 363, and sec- ‘‘(3) contain any other information re- ‘‘(d) The provisions of this subchapter do tions 552, 555 through 557, 559, and 560. quired to be included in such a notification not prevent modification or termination of ‘‘(c) Subsection (a) does not affect the to creditors pursuant to this title and the or- recognition if it is shown that the grounds right to commence individual actions or pro- ders of the court. for granting it were fully or partially lack- ceedings in a foreign country to the extent ‘‘(d) Any rule of procedure or order of the ing or have ceased to exist, but in consid- necessary to preserve a claim against the court as to notice or the filing of a claim ering such action the court shall give due debtor. shall provide such additional time to credi- weight to possible prejudice to parties that ‘‘(d) Subsection (a) does not affect the tors with foreign addresses as is reasonable have relied upon the granting of recognition. right of a foreign representative or an entity under the circumstances. The case under this chapter may be closed in to file a petition commencing a case under S12034 CONGRESSIONAL RECORD — SENATE October 5, 1999 this title or the right of any party to file ter. Any examiner shall comply with the and coordination under sections 1525, 1526, claims or take other proper actions in such qualification requirements imposed on a and 1527, to other assets of the debtor that a case. trustee by section 322. are within the jurisdiction of the court under ‘‘§ 1521. Relief that may be granted upon rec- ‘‘§ 1523. Actions to avoid acts detrimental to sections 541(a), and 1334(e) of title 28, to the ognition of a foreign proceeding creditors extent that such other assets are not subject to the jurisdiction and control of a foreign ‘‘(a) Upon recognition of a foreign pro- ‘‘(a) Upon recognition of a foreign pro- proceeding that has been recognized under ceeding, whether main or nonmain, where ceeding, the foreign representative has this chapter. necessary to effectuate the purpose of this standing in a case concerning the debtor chapter and to protect the assets of the debt- pending under another chapter of this title ‘‘§ 1529. Coordination of a case under this or or the interests of the creditors, the court to initiate actions under sections 522, 544, title and a foreign proceeding may, at the request of the foreign represent- 545, 547, 548, 550, and 724(a). ‘‘In any case in which a foreign proceeding ative, grant any appropriate relief, ‘‘(b) In any case in which the foreign pro- and a case under another chapter of this title including— ceeding is a foreign nonmain proceeding, the are taking place concurrently regarding the ‘‘(1) staying the commencement or con- court must be satisfied that an action under same debtor, the court shall seek coopera- tinuation of individual actions or individual subsection (a) relates to assets that, under tion and coordination under sections 1525, proceedings concerning the debtor’s assets, United States law, should be administered in 1526, and 1527, and the following shall apply: rights, obligations or liabilities to the extent the foreign nonmain proceeding. ‘‘(1) If the case in the United States is tak- the actions or proceedings have not been ing place at the time the petition for rec- stayed under section 1520(a); ‘‘§ 1524. Intervention by a foreign representa- tive ognition of the foreign proceeding is filed— ‘‘(2) staying execution against the debtor’s ‘‘(A) any relief granted under sections 1519 ‘‘Upon recognition of a foreign proceeding, assets to the extent the execution has not or 1521 must be consistent with the relief the foreign representative may intervene in been stayed under section 1520(a); granted in the case in the United States; and any proceedings in a State or Federal court ‘‘(3) suspending the right to transfer, en- ‘‘(B) even if the foreign proceeding is rec- in the United States in which the debtor is a cumber or otherwise dispose of any assets of ognized as a foreign main proceeding, section party. the debtor to the extent that right has not 1520 does not apply. been suspended under section 1520(a); ‘‘SUBCHAPTER IV—COOPERATION WITH ‘‘(2) If a case in the United States under ‘‘(4) providing for the examination of wit- FOREIGN COURTS AND FOREIGN REP- this title commences after recognition, or nesses, the taking of evidence or the delivery RESENTATIVES after the filing of the petition for recogni- of information concerning the debtor’s as- ‘‘§ 1525. Cooperation and direct communica- tion, of the foreign proceeding— sets, affairs, rights, obligations or liabilities; tion between the court and foreign courts ‘‘(A) any relief in effect under sections 1519 ‘‘(5) entrusting the administration or real- or foreign representatives or 1521 shall be reviewed by the court and ization of all or part of the debtor’s assets ‘‘(a) Consistent with section 1501, the court shall be modified or terminated if incon- within the territorial jurisdiction of the shall cooperate to the maximum extent pos- sistent with the case in the United States; United States to the foreign representative sible with foreign courts or foreign rep- and or another person, including an examiner, resentatives, either directly or through the ‘‘(B) if the foreign proceeding is a foreign authorized by the court; trustee. main proceeding, the stay and suspension re- ‘‘(6) extending relief granted under section ‘‘(b) The court is entitled to communicate ferred to in section 1520(a) shall be modified 1519(a); and directly with, or to request information or or terminated if inconsistent with the relief ‘‘(7) granting any additional relief that assistance directly from, foreign courts or granted in the case in the United States. may be available to a trustee, except for re- foreign representatives, subject to the rights ‘‘(3) In granting, extending, or modifying lief available under sections 522, 544, 545, 547, of parties in interest to notice and participa- relief granted to a representative of a foreign 548, 550, and 724(a). tion. nonmain proceeding, the court must be satis- ‘‘(b) Upon recognition of a foreign pro- fied that the relief relates to assets that, ‘‘§ 1526. Cooperation and direct communica- ceeding, whether main or nonmain, the court under the law of the United States, should be tion between the trustee and foreign courts may, at the request of the foreign represent- administered in the foreign nonmain pro- ative, entrust the distribution of all or part or foreign representatives ceeding or concerns information required in of the debtor’s assets located in the United ‘‘(a) Consistent with section 1501, the trust- that proceeding. States to the foreign representative or an- ee or other person, including an examiner, ‘‘(4) In achieving cooperation and coordina- other person, including an examiner, author- authorized by the court, shall, subject to the tion under sections 1528 and 1529, the court ized by the court, if the court is satisfied supervision of the court, cooperate to the may grant any of the relief authorized under that the interests of creditors in the United maximum extent possible with foreign section 305. States are sufficiently protected. courts or foreign representatives. ‘‘(c) In granting relief under this section to ‘‘(b) The trustee or other person, including ‘‘§ 1530. Coordination of more than 1 foreign a representative of a foreign nonmain pro- an examiner, authorized by the court is enti- proceeding ceeding, the court must be satisfied that the tled, subject to the supervision of the court, ‘‘In matters referred to in section 1501, relief relates to assets that, under the law of to communicate directly with foreign courts with respect to more than 1 foreign pro- the United States, should be administered in or foreign representatives. ceeding regarding the debtor, the court shall the foreign nonmain proceeding or concerns seek cooperation and coordination under sec- ‘‘§ 1527. Forms of cooperation information required in that proceeding. tions 1525, 1526, and 1527, and the following ‘‘(d) The court may not enjoin a police or ‘‘Cooperation referred to in sections 1525 shall apply: regulatory act of a governmental unit, in- and 1526 may be implemented by any appro- ‘‘(1) Any relief granted under section 1519 cluding a criminal action or proceeding, priate means, including— or 1521 to a representative of a foreign under this section. ‘‘(1) appointment of a person or body, in- nonmain proceeding after recognition of a ‘‘(e) The standards, procedures, and limita- cluding an examiner, to act at the direction foreign main proceeding must be consistent tions applicable to an injunction shall apply of the court; with the foreign main proceeding. to relief under paragraphs (1), (2), (3), and (6) ‘‘(2) communication of information by any ‘‘(2) If a foreign main proceeding is recog- of subsection (a). means considered appropriate by the court; nized after recognition, or after the filing of ‘‘§ 1522. Protection of creditors and other in- ‘‘(3) coordination of the administration and a petition for recognition, of a foreign terested persons supervision of the debtor’s assets and affairs; nonmain proceeding, any relief in effect ‘‘(a) The court may grant relief under sec- ‘‘(4) approval or implementation of agree- under section 1519 or 1521 shall be reviewed tion 1519 or 1521, or may modify or terminate ments concerning the coordination of pro- by the court and shall be modified or termi- relief under subsection (c), only if the inter- ceedings; and nated if inconsistent with the foreign main ests of the creditors and other interested en- ‘‘(5) coordination of concurrent pro- proceeding. tities, including the debtor, are sufficiently ceedings regarding the same debtor. ‘‘(3) If, after recognition of a foreign protected. ‘‘SUBCHAPTER V—CONCURRENT nonmain proceeding, another foreign ‘‘(b) The court may subject relief granted PROCEEDINGS nonmain proceeding is recognized, the court under section 1519 or 1521, or the operation of ‘‘§ 1528. Commencement of a case under this shall grant, modify, or terminate relief for the debtor’s business under section 1520(a)(2), title after recognition of a foreign main the purpose of facilitating coordination of to conditions that the court considers to be proceeding the proceedings. appropriate, including the giving of security or the filing of a bond. ‘‘After recognition of a foreign main pro- ‘‘§ 1531. Presumption of insolvency based on ‘‘(c) The court may, at the request of the ceeding, a case under another chapter of this recognition of a foreign main proceeding foreign representative or an entity affected title may be commenced only if the debtor ‘‘In the absence of evidence to the con- by relief granted under section 1519 or 1521, has assets in the United States. The effects trary, recognition of a foreign main pro- or at its own motion, modify or terminate of such case shall be restricted to the assets ceeding is for the purpose of commencing a the relief referred to in subsection (b). of the debtor that are within the territorial proceeding under section 303, proof that the ‘‘(d) Section 1104(d) shall apply to the ap- jurisdiction of the United States and, to the debtor is generally not paying its debts as pointment of an examiner under this chap- extent necessary to implement cooperation such debts become due. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12035 ‘‘§ 1532. Rule of payment in concurrent pro- ‘‘(3) the term ‘United States claimant’ against the transfer of funds by the trans- ceedings means a beneficiary of any deposit referred feree of such certificate of deposit, eligible ‘‘Without prejudice to secured claims or to in subsection (b) or any multibeneficiary bankers’ acceptance, security, loan, or inter- rights in rem, a creditor who has received trust referred to in subsection (b); est; payment with respect to its claim in a for- ‘‘(4) the term ‘United States creditor’ with a simultaneous agreement by such eign proceeding pursuant to a law relating to means, with respect to a foreign insurance transferee to transfer to the transferor insolvency may not receive a payment for company— thereof a certificate of deposit, eligible the same claim in a case under any other ‘‘(i) a United States claimant; or bankers’ acceptance, security, loan, or inter- chapter of this title regarding the debtor, so ‘‘(ii) any business entity that operates in est of the kind described in subclause (I) or long as the payment to other creditors of the the United States and that is a creditor; and (II), at a date certain that is not later than same class is proportionately less than the ‘‘(5) the term ‘United States policyholder’ 1 year after the date of the transferor’s payment the creditor has already received.’’. means a holder of an insurance policy issued transfer or on demand, against the transfer (b) CLERICAL AMENDMENT.—The table of in the United States. of funds; chapters for title 11, United States Code, is ‘‘(b) The court may not grant relief under ‘‘(ii) a combination of agreements or trans- amended by inserting after the item relating chapter 15 of this title with respect to any actions referred to in clauses (i) and (iii); to chapter 13 the following: deposit, escrow, trust fund, or other security ‘‘(iii) an option to enter into an agreement ‘‘15. Ancillary and Other Cross-Border required or permitted under any applicable or transaction referred to in clause (i) or (ii); Cases ...... 1501’’. State insurance law or regulation for the or SEC. 802. AMENDMENTS TO OTHER CHAPTERS IN benefit of claim holders in the United ‘‘(iv) a master netting agreement that pro- TITLE 11, UNITED STATES CODE. States.’’. vides for an agreement or transaction re- (a) APPLICABILITY OF CHAPTERS.—Section TITLE IX—FINANCIAL CONTRACT ferred to in clause (i), (ii), or (iii), together 103 of title 11, United States Code, is PROVISIONS with all supplements to such master netting amended— agreement, without regard to whether such SEC. 901. BANKRUPTCY CODE AMENDMENTS. (1) in subsection (a), by inserting before master netting agreement provides for an (a) DEFINITIONS OF FORWARD CONTRACT, RE- the period the following: ‘‘, and this chapter, agreement or transaction that is not a repur- PURCHASE AGREEMENT, SECURITIES CLEARING sections 307, 304, 555 through 557, 559, and 560 chase agreement under this subparagraph, AGENCY, SWAP AGREEMENT, COMMODITY CON- apply in a case under chapter 15’’; and except that such master netting agreement TRACT, AND SECURITIES CONTRACT.—Title 11, (2) by adding at the end the following: shall be considered to be a repurchase agree- ‘‘(j) Chapter 15 applies only in a case under United States Code, is amended— ment under this subparagraph only with re- such chapter, except that— (1) in section 101— spect to each agreement or transaction ‘‘(1) sections 1513 and 1514 apply in all cases (A) in paragraph (25)— under such master netting agreement that is under this title; and (i) by striking ‘‘means a contract’’ and in- referred to in clause (i), (ii), or (iii); or ‘‘(2) section 1505 applies to trustees and to serting ‘‘means— ‘‘(v) a security agreement or arrangement, any other entity (including an examiner) au- ‘‘(A) a contract’’; or other credit enhancement, directly per- thorized by the court under chapter 7, 11, or (ii) by striking ‘‘, or any combination taining to a contract referred to in clause (i), 12, to debtors in possession under chapter 11 thereof or option thereon;’’ and inserting ‘‘, (ii), (iii), or (iv), but not to exceed the actual or 12, and to debtors under chapter 9 who are or any other similar agreement;’’; and value of such contract on the date of the fil- authorized to act under section 1505.’’. (iii) by adding at the end the following: ing of the petition; and (b) DEFINITIONS.—Paragraphs (23) and (24) ‘‘(B) a combination of agreements or trans- ‘‘(B) do not include a repurchase obligation of section 101 of title 11, United States Code, actions referred to in subparagraphs (A) and under a participation in a commercial mort- are amended to read as follows: (C); gage loan;’’; ‘‘(23) ‘foreign proceeding’ means a collec- ‘‘(C) an option to enter into an agreement (C) in paragraph (48) by inserting ‘‘, or ex- tive judicial or administrative proceeding in or transaction referred to in subparagraph empt from such registration under such sec- a foreign country, including an interim pro- (A) or (B); tion pursuant to an order of the Securities ceeding, pursuant to a law relating to insol- ‘‘(D) a master netting agreement that pro- and Exchange Commission’’ after ‘‘1934’’; and vency in which proceeding the assets and af- vides for an agreement or transaction re- (D) by striking paragraph (53B) and insert- fairs of the debtor are subject to control or ferred to in subparagraph (A), (B), or (C), to- ing the following: supervision by a foreign court, for the pur- gether with all supplements to such master ‘‘(53B) ‘swap agreement’— pose of reorganization or liquidation; netting agreement, without regard to wheth- ‘‘(A) means— ‘‘(24) ‘foreign representative’ means a per- er such master netting agreement provides ‘‘(i) an agreement, including the terms and son or body, including a person or body ap- for an agreement or transaction that is not conditions incorporated by reference in such pointed on an interim basis, authorized in a a forward contract under this paragraph, ex- agreement, that is— foreign proceeding to administer the reorga- cept that such master netting agreement ‘‘(I) an interest rate swap, option, future, nization or the liquidation of the debtor’s as- shall be considered to be a forward contract or forward agreement, including a rate floor, sets or affairs or to act as a representative of under this paragraph only with respect to rate cap, rate collar, cross-currency rate the foreign proceeding;’’. each agreement or transaction under such swap, and basis swap; (c) AMENDMENTS TO TITLE 28, UNITED master netting agreement that is referred to ‘‘(II) a spot, same day-tomorrow, tomor- STATES CODE.— in subparagraph (A), (B) or (C); or row-next, forward, or other foreign exchange (1) PROCEDURES.—Section 157(b)(2) of title ‘‘(E) a security agreement or arrangement, or precious metals agreement; 28, United States Code, is amended— or other credit enhancement, directly per- ‘‘(III) a currency swap, option, future, or (A) in subparagraph (N), by striking ‘‘and’’ taining to a contract, option, agreement, or forward agreement; at the end; transaction referred to in subparagraph (A), ‘‘(IV) an equity index or an equity swap, (B) in subparagraph (O), by striking the pe- (B), (C), or (D), but not to exceed the actual option, future, or forward agreement; riod at the end and inserting ‘‘; and’’; and value of such contract, option, agreement, or ‘‘(V) a debt index or a debt swap, option, (C) by adding at the end the following: transaction on the date of the filing of the future, or forward agreement; ‘‘(P) recognition of foreign proceedings and petition;’’; ‘‘(VI) a credit spread or a credit swap, op- other matters under chapter 15 of title 11.’’. (B) by striking paragraph (47) and inserting tion, future, or forward agreement; or (2) BANKRUPTCY CASES AND PROCEEDINGS.— the following: ‘‘(VII) a commodity index or a commodity Section 1334(c)(1) of title 28, United States ‘‘(47) ‘repurchase agreement’ and ‘reverse swap, option, future, or forward agreement; Code, is amended by striking ‘‘Nothing in’’ repurchase agreement’— ‘‘(ii) an agreement or transaction that is and inserting ‘‘Except with respect to a case ‘‘(A) mean— similar to an agreement or transaction re- under chapter 15 of title 11, nothing in’’. ‘‘(i) an agreement, including related terms, ferred to in clause (i) that— (3) DUTIES OF TRUSTEES.—Section 586(a)(3) which provides for the transfer of— ‘‘(I) is currently, or in the future becomes, of title 28, United States Code, is amended by ‘‘(I) a certificate of deposit, mortgage re- regularly entered into in the swap market inserting ‘‘15,’’ after ‘‘chapter’’. lated security (as defined in section 3 of the (including terms and conditions incorporated SEC. 803. CLAIMS RELATING TO INSURANCE DE- Securities Exchange Act of 1934), mortgage by reference therein); and POSITS IN CASES ANCILLARY TO loan, interest in a mortgage related security ‘‘(II) is a forward, swap, future, or option FOREIGN PROCEEDINGS. or mortgage loan, eligible bankers’ accept- on a rate, currency, commodity, equity secu- Section 304 of title 11, United States Code, ance, or qualified foreign government secu- rity, or other equity instrument, on a debt is amended to read as follows: rity (defined for purposes of this paragraph security or other debt instrument, or on an ‘‘§ 304. Cases ancillary to foreign proceedings to mean a security that is a direct obligation economic index or measure of economic risk ‘‘(a) For purposes of this section— of, or that is fully guaranteed by, the central or value; ‘‘(1) the term ‘domestic insurance com- government of a member of the Organization ‘‘(iii) a combination of agreements or pany’ means a domestic insurance company, for Economic Cooperation and Develop- transactions referred to in clauses (i) and as such term is used in section 109(b)(2); ment); or (ii); ‘‘(2) the term ‘foreign insurance company’ ‘‘(II) a security that is a direct obligation ‘‘(iv) an option to enter into an agreement means a foreign insurance company, as such of, or that is fully guaranteed by, the United or transaction referred to in this subpara- term is used in section 109(b)(3); States or an agency of the United States graph; S12036 CONGRESSIONAL RECORD — SENATE October 5, 1999 ‘‘(v) a master netting agreement that pro- ø(B) in subparagraph (E), by striking the States Code, as amended by subsection (b) of vides for an agreement or transaction re- period at the end and inserting ‘‘; and’’; and this section, is amended by inserting after ferred to in clause (i), (ii), (iii), or (iv), to- ø(C)¿ (B) by adding at the end the fol- paragraph (38) the following new paragraphs: gether with all supplements to such master lowing: ‘‘(38A) the term ‘master netting netting agreement and without regard to ‘‘(F) any other agreement or transaction agreement’— whether such master netting agreement con- that is similar to an agreement or trans- ‘‘(A) means an agreement providing for the tains an agreement or transaction described action referred to in this paragraph; exercise of rights, including rights of net- in any such clause, but only with respect to ‘‘(G) a combination of the agreements or ting, setoff, liquidation, termination, accel- each agreement or transaction referred to in transactions referred to in this paragraph; eration, or closeout, under or in connection any such clause that is under such master ‘‘(H) an option to enter into an agreement with 1 or more contracts that are described netting agreement; except that or transaction referred to in this paragraph; in any 1 or more of paragraphs (1) through (5) ‘‘(B) the definition under subparagraph (A) ‘‘(I) a master netting agreement that pro- is applicable for purposes of this title only, vides for an agreement or transaction re- of section 561(a), or any security agreement and shall not be construed or applied so as to ferred to in subparagraph (A), (B), (C), (D), or arrangement or other credit enhancement challenge or affect the characterization, def- (E), (F), (G), or (H), together with all supple- related to 1 or more of the foregoing; except inition, or treatment of any swap agreement ments to such master netting agreement, that under any other statute, regulation, or rule, without regard to whether such master net- ‘‘(B) if a master netting agreement con- including the Securities Act of 1933, the Se- ting agreement provides for an agreement or tains provisions relating to agreements or curities Exchange Act of 1934, the Public transaction that is not a commodity con- transactions that are not contracts described Utility Holding Company Act of 1935, the tract under this paragraph, except that such in paragraphs (1) through (5) of section Trust Indenture Act of 1939, the Investment master netting agreement shall be consid- 561(a), the master netting agreement shall be Company Act of 1940, the Investment Advis- ered to be a commodity contract under this deemed to be a master netting agreement ers Act of 1940, the Securities Investor Pro- paragraph only with respect to each agree- only with respect to those agreements or tection Act of 1970, the Commodity Exchange ment or transaction under such master net- transactions that are described in any 1 or Act, and the regulations prescribed by the ting agreement that is referred to in sub- more of the paragraphs (1) through (5) of sec- Securities and Exchange Commission or the paragraph (A), (B), (C), (D), (E), (F), (G), or tion 561(a); Commodity Futures Trading Commission.’’; (H); or ‘‘(38B) the term ‘master netting agreement (2) in section 741, by striking paragraph (7) ‘‘(J) a security agreement or arrangement, participant’ means an entity that, at any and inserting the following: or other credit enhancement, directly per- time before the filing of the petition, is a ‘‘(7) ‘securities contract’— taining to a contract referred to in this para- party to an outstanding master netting ‘‘(A) means— graph, but not to exceed the actual value of agreement with the debtor;’’. ‘‘(i) a contract for the purchase, sale, or such contract on the date of the filing of the loan of a security, a mortgage loan or an in- petition.’’. (d) SWAP AGREEMENTS, SECURITIES CON- terest in a mortgage loan, a group or index (b) DEFINITIONS OF FINANCIAL INSTITUTION, TRACTS, COMMODITY CONTRACTS, FORWARD of securities, or mortgage loans or interests FINANCIAL PARTICIPANT, AND FORWARD CON- CONTRACTS, REPURCHASE AGREEMENTS, AND therein (including an interest therein or TRACT MERCHANT.—Section 101 of title 11, MASTER NETTING AGREEMENTS UNDER THE based on the value thereof), or option on any United States Code, as amended by section AUTOMATIC STAY.— of the foregoing, including an option to pur- 802(b) of this Act, is amended— (1) IN GENERAL.—Section 362(b) of title 11, chase or sell any of the foregoing; (1) by striking paragraph (22) and inserting United States Code, as amended by section ‘‘(ii) an option entered into on a national the following: 718 of this Act, is amended— securities exchange relating to foreign cur- ‘‘(22) ‘financial institution’ means— (A) in paragraph (6), by inserting ‘‘, rencies; ‘‘(A)(i) a Federal reserve bank, or an entity pledged to, and under the control of,’’ after ‘‘(iii) the guarantee by or to a securities that is a commercial or savings bank, indus- ‘‘held by’’; clearing agency of a settlement of cash, se- trial savings bank, savings and loan associa- (B) in paragraph (7), by inserting ‘‘, pledged curities, mortgage loans or interests therein, tion, trust company, or receiver or conser- to, and under the control of,’’ after ‘‘held group or index of securities, or mortgage vator for such entity; and by’’; loans or interests therein (including any in- ‘‘(ii) if such Federal reserve bank, receiver, (C) by striking paragraph (17) and inserting terest therein or based on the value thereof), or conservator or entity is acting as agent or the following: or option on any of the foregoing, including custodian for a customer in connection with ‘‘(17) under subsection (a), of the setoff by an option to purchase or sell any of the fore- a securities contract, as defined in section a swap participant of a mutual debt and going; 741, such customer; or claim under or in connection with a swap ‘‘(iv) a margin loan; ‘‘(B) in connection with a securities con- agreement that constitutes the setoff of a ‘‘(v) any other agreement or transaction tract, as defined in section 741 of this title, claim against the debtor for a payment or that is similar to an agreement or trans- an investment company registered under the transfer due from the debtor under or in con- action referred to in this subparagraph; Investment Company Act of 1940;’’; nection with a swap agreement against a ‘‘(vi) a combination of the agreements or (2) by inserting after paragraph (22) the fol- payment due to the debtor from the swap transactions referred to in this subpara- lowing: participant under or in connection with a graph; ‘‘(22A) ‘financial participant’ means an en- swap agreement or against cash, securities, ‘‘(vii) an option to enter into an agreement tity that is a party to a securities contract, or other property held by, pledged to, and or transaction referred to in this subpara- commodity contract or forward contract, or under the control of, or due from such swap graph; on the date of the filing of the petition, has participant to guarantee, secure, or settle a ‘‘(viii) a master netting agreement that a commodity contract (as defined in section swap agreement;’’; provides for an agreement or transaction re- 761) with the debtor or any other entity (D) in paragraph (26), by striking ‘‘or’’ at ferred to in clause (i), (ii), (iii), (iv), (v), (vi), (other than an affiliate) of a total gross dol- the end; or (vii), together with all supplements to lar value of not less than $1,000,000,000 in no- such master netting agreement, without re- tional or actual principal amount out- (E) in paragraph (27), by striking the pe- gard to whether such master netting agree- standing on any day during the previous 15- riod at the end and inserting ‘‘; or’’; and ment provides for an agreement or trans- month period, or has gross mark-to-market (F) by inserting after paragraph (27) the action that is not a securities contract under positions of not less than $100,000,000 (aggre- following: this subparagraph, except that such master gated across counterparties) in any such ‘‘(28) under subsection (a), of the setoff by netting agreement shall be considered to be agreement or transaction with the debtor or a master netting agreement participant of a a securities contract under this subpara- any other entity (other than an affiliate) on mutual debt and claim under or in connec- graph only with respect to each agreement any day during the previous 15-month pe- tion with 1 or more master netting agree- or transaction under such master netting riod;’’; and ments or any contract or agreement subject agreement that is referred to in clause (i), (3) by striking paragraph (26) and inserting to such agreements that constitutes the (ii), (iii), (iv), (v), (vi), or (vii); or the following: setoff of a claim against the debtor for any ‘‘(ix) a security agreement or arrangement, ‘‘(26) ‘forward contract merchant’ means a payment or other transfer of property due or other credit enhancement, directly per- Federal reserve bank, or an entity, the busi- from the debtor under or in connection with taining to a contract referred to in this sub- ness of which consists in whole or in part of such agreements or any contract or agree- paragraph, but not to exceed the actual entering into forward contracts as or with ment subject to such agreements against any value of such contract on the date of the fil- merchants or in a commodity, as defined or payment due to the debtor from such master ing of the petition; and in section 761, or any similar good, article, netting agreement participant under or in ‘‘(B) does not include a purchase, sale, or service, right, or interest that is presently or connection with such agreements or any con- repurchase obligation under a participation in the future becomes the subject of dealing tract or agreement subject to such agree- in a commercial mortgage loan;’’; and or in the forward contract trade;’’. ments or against cash, securities, or other (3) in section 761(4)— (c) DEFINITION OF MASTER NETTING AGREE- property held by, pledged or and under the (A) by striking ‘‘or’’ at the end of subpara- MENT AND MASTER NETTING AGREEMENT PAR- control of, or due from such master netting graph (D); and TICIPANT.—Section 101 of title 11, United agreement participant to margin, guarantee, October 5, 1999 CONGRESSIONAL RECORD — SENATE S12037

secure, or settle such agreements or any con- (i) TERMINATION OR ACCELERATION OF RE- ‘‘(c) As used in this section, the term ‘con- tract or agreement subject to such agree- PURCHASE AGREEMENTS.—Section 559 of title tractual right’ includes a right set forth in a ments, to the extent such participant is eli- 11, United States Code, is amended— rule or bylaw of a national securities ex- gible to exercise such offset rights under (1) by striking the section heading and in- change, a national securities association, or paragraph (6), (7), or (17) for each individual serting the following: a securities clearing agency, a right set forth contract covered by the master netting ‘‘§ 559. Contractual right to liquidate, termi- in a bylaw of a clearing organization or con- agreement in issue.’’. nate, or accelerate a repurchase agree- tract market or in a resolution of the gov- (2) LIMITATION.—Section 362 of title 11, ment’’; erning board thereof, and a right, whether or United States Code, as amended by section not evidenced in writing, arising under com- and 432(2) of this Act, is amended by adding at mon law, under law merchant, or by reason (2) in the first sentence, by striking ‘‘liq- the end the following: of normal business practice.’’. uidation’’ and inserting ‘‘liquidation, termi- ‘‘(l) LIMITATION.—The exercise of rights not NCILLARY PROCEEDINGS.—Section 304 of nation, or acceleration’’. (l) A subject to the stay arising under subsection title 11, United States Code, is amended by (j) LIQUIDATION, TERMINATION, OR ACCEL- (a) pursuant to paragraph (6), (7), or (17) of adding at the end the following: ERATION OF SWAP AGREEMENTS.—Section 560 subsection (b) shall not be stayed by an order of title 11, United States Code, is amended— ‘‘(d) Any provisions of this title relating to of a court or administrative agency in any (1) by striking the section heading and in- securities contracts, commodity contracts, proceeding under this title.’’. serting following: forward contracts, repurchase agreements, (e) LIMITATION OF AVOIDANCE POWERS swap agreements, or master netting agree- UNDER MASTER NETTING AGREEMENT.—Sec- ‘‘§ 560. Contractual right to liquidate, termi- ments shall apply in a case ancillary to a tion 546 of title 11, United States Code, is nate, or accelerate a swap agreement’’; foreign proceeding under this section or any amended— (2) in the first sentence, by striking ‘‘ter- other section of this title, so that enforce- (1) in subsection (g) (as added by section mination of a swap agreement’’ and inserting ment of contractual provisions of such con- 103 of Public Law 101–311 (104 Stat. 267 et ‘‘liquidation, termination, or acceleration of tracts and agreements in accordance with seq.))— a swap agreement’’; and their terms— (A) by striking ‘‘under a swap agreement’’; (3) by striking ‘‘in connection with any ‘‘(1) shall not be stayed or otherwise lim- and swap agreement’’ and inserting ‘‘in connec- ited by— (B) by striking ‘‘in connection with a swap tion with the termination, liquidation, or ac- ‘‘(A) operation of any provision of this agreement’’ and inserting ‘‘under or in con- celeration of a swap agreement’’. title; or nection with any swap agreement’’; and (k) LIQUIDATION, TERMINATION, ACCELERA- ‘‘(B) order of a court in any case under this (2) by inserting before subsection (i) (as re- TION, OR OFFSET UNDER A MASTER NETTING title; designated by section 407 of this Act) the fol- AGREEMENT AND ACROSS CONTRACTS.—Title ‘‘(2) shall limit avoidance powers to the lowing new subsection: 11, United States Code, is amended by insert- same extent as in a proceeding under chapter ‘‘(h) Notwithstanding sections 544, 545, 547, ing after section 560 the following ønew sec- 7 or 11; and 548(a)(2)(B), and 548(b), the trustee may not tion¿: ‘‘(3) shall not be limited based on the pres- avoid a transfer made by or to a master net- ‘‘§ 561. Contractual right to terminate, liq- ence or absence of assets of the debtor in the ting agreement participant under or in con- uidate, accelerate, or offset under a master United States.’’. nection with any master netting agreement netting agreement and across contracts (m) COMMODITY BROKER LIQUIDATIONS.— or any individual contract covered thereby ‘‘(a) Subject to subsection (b), the exercise Title 11, United States Code, is amended by that is made before the commencement of inserting after section 766 the following: the case, and except to the extent that the of any contractual right, because of a condi- trustee could otherwise avoid such a transfer tion of the kind specified in section 365(e)(1), ‘‘§ 767. Commodity broker liquidation and for- made under an individual contract covered to cause the termination, liquidation, or ac- ward contract merchants, commodity bro- by such master netting agreement (except celeration of or to offset or net termination kers, stockbrokers, financial institutions, under section 548(a)(1)(A)).’’. values, payment amounts or other transfer securities clearing agencies, swap partici- (f) FRAUDULENT TRANSFERS OF MASTER obligations arising under or in connection pants, repo participants, and master net- NETTING AGREEMENTS.—Section 548(d)(2) of with 1 or more (or the termination, liquida- ting agreement participants title 11, United States Code, is amended— tion, or acceleration of 1 or more)— ‘‘Notwithstanding any other provision of (1) in subparagraph (C), by striking ‘‘and’’; ‘‘(1) securities contracts, as defined in sec- this title, the exercise of rights by a forward (2) in subparagraph (D), by striking the pe- tion 741(7); contract merchant, commodity broker, riod at the end and inserting ‘‘; and’’; and ‘‘(2) commodity contracts, as defined in stockbroker, financial institution, securities (3) by adding at the end the following new section 761(4); clearing agency, swap participant, repo par- subparagraph: ‘‘(3) forward contracts; ticipant, or master netting agreement par- ‘‘(E) a master netting agreement partici- ‘‘(4) repurchase agreements; ticipant under this title shall not affect the pant that receives a transfer in connection ‘‘(5) swap agreements; or priority of any unsecured claim it may have with a master netting agreement or any in- ‘‘(6) master netting agreements, after the exercise of such rights.’’. dividual contract covered thereby takes for shall not be stayed, avoided, or otherwise (n) STOCKBROKER LIQUIDATIONS.—Title 11, value to the extent of such transfer, except, limited by operation of any provision of this United States Code, is amended by inserting with respect to a transfer under any indi- title or by any order of a court or adminis- after section 752 the following: trative agency in any proceeding under this vidual contract covered thereby, to the ex- ‘‘§ 753. Stockbroker liquidation and forward tent that such master netting agreement title. ‘‘(b)(1) A party may exercise a contractual contract merchants, commodity brokers, participant otherwise did not take (or is oth- stockbrokers, financial institutions, securi- erwise not deemed to have taken) such trans- right described in subsection (a) to termi- nate, liquidate, or accelerate only to the ex- ties clearing agencies, swap participants, fer for value.’’. repo participants, and master netting (g) TERMINATION OR ACCELERATION OF SECU- tent that such party could exercise such a agreement participants RITIES CONTRACTS.—Section 555 of title 11, right under section 555, 556, 559, or 560 for United States Code, is amended— each individual contract covered by the mas- ‘‘Notwithstanding any other provision of (1) by striking the section heading and in- ter netting agreement in issue. this title, the exercise of rights by a forward serting the following: ‘‘(2) If a debtor is a commodity broker sub- contract merchant, commodity broker, ject to subchapter IV of chapter 7 of this stockbroker, financial institution, securities ‘‘§ 555. Contractual right to liquidate, termi- ø title — clearing agency, swap participant, repo par- nate, or accelerate a securities contract’’; ¿ ‘‘(A) a party may not net or offset an obli- ticipant, financial participant, or master and gation to the debtor arising under, or in con- netting agreement participant under this (2) in the first sentence, by striking ‘‘liq- nection with, a commodity contract against title shall not affect the priority of any un- uidation’’ and inserting ‘‘liquidation, termi- any claim arising under, or in connection secured claim it may have after the exercise nation, or acceleration’’. with, other instruments, contracts, or agree- of such rights.’’. (h) TERMINATION OR ACCELERATION OF COM- ments listed in subsection (a), except to the (o) SETOFF.—Section 553 of title 11, United MODITIES OR FORWARD CONTRACTS.—Section extent that the party has øno¿ positive net States Code, is amended— 556 of title 11, United States Code, is equity in the commodity accounts at the (1) in subsection (a)(3)(C), by inserting amended— debtor, as calculated under such subchapter ‘‘(except for a setoff of a kind described in (1) by striking the section heading and in- IV; and section 362(b)(6), 362(b)(7), 362(b)(17), serting the following: ‘‘(B) another commodity broker may not 362(b)ø(19)¿ (28), 555, 556, 559, or 560)’’ before ‘‘§ 556. Contractual right to liquidate, termi- net or offset an obligation to the debtor aris- the period; and nate, or accelerate a commodities contract ing under, or in connection with, a com- (2) in subsection (b)(1), by striking or forward contract’’; modity contract entered into or held on be- ‘‘362(b)(14),’’ and inserting ‘‘362(b)(17), and half of a customer of the debtor against any ø362(b)(19)¿ 362(b)(28), 555, 556, 559, 560,’’. (2) in the first sentence, by striking ‘‘liq- claim arising under, or in connection with, (p) SECURITIES CONTRACTS, COMMODITY CON- uidation’’ and inserting ‘‘liquidation, termi- other instruments, contracts, or agreements TRACTS, AND FORWARD CONTRACTS.—Title 11, nation, or acceleration’’. referred to in subsection (a). United States Code, is amended— S12038 CONGRESSIONAL RECORD — SENATE October 5, 1999 (1) in section 362(b)(6), by striking ‘‘finan- ment, or master netting agreement under rities backed by eligible assets, and taking cial institutions,’’ each place such term ap- section 365(a), or if a forward contract mer- actions ancillary thereto. pears and inserting ‘‘financial institution, fi- chant, stockbroker, financial institution, se- ‘‘(5) The term ‘transferred’ means the debt- nancial participant’’; curities clearing agency, repo participant, fi- or, under a written agreement, represented (2) in section 546(e), by inserting ‘‘financial nancial participant, master netting agree- and warranted that eligible assets were sold, participant’’ after ‘‘financial institution,’’; ment participant, or swap participant contributed, or otherwise conveyed with the (3) in section 548(d)(2)(B), by inserting ‘‘fi- liquidates, terminates, or accelerates such intention of removing them from the estate nancial participant’’ after ‘‘financial institu- contract or agreement, damages shall be of the debtor pursuant to subsection (b)(5), tion,’’; measured as of the earlier of— irrespective, without limitation of— (4) in section 555— ‘‘(1) the date of such rejection; or ‘‘(A) whether the debtor directly or indi- (A) by inserting ‘‘financial participant’’ ‘‘(2) the date of such liquidation, termi- rectly obtained or held an interest in the after ‘‘financial institution,’’; and nation, or acceleration.’’; and issuer or in any securities issued by the (B) by inserting before the period ‘‘, a right (2) in the table of sections for chapter 5 by issuer; set forth in a bylaw of a clearing organiza- inserting after the item relating to section ‘‘(B) whether the debtor had an obligation tion or contract market or in a resolution of 561 the following: to repurchase or to service or supervise the the governing board thereof, and a right, ‘‘562. Damage measure in connection with servicing of all or any portion of such eligi- whether or not in writing, arising under swap agreements, securities ble assets; or common law, under law merchant, or by rea- contracts, forward contracts, ‘‘(C) the characterization of such sale, con- son of normal business practice’’; and commodity contracts, repur- tribution, or other conveyance for tax, ac- (5) in section 556, by inserting ‘‘, financial chase agreements, or master counting, regulatory reporting, or other pur- participant’’ after ‘‘commodity broker’’. netting agreements.’’. poses.’’. (q) CONFORMING AMENDMENTS.—Title 11 øof (b) CLAIMS ARISING FROM REJECTION.—Sec- SEC. 904. EFFECTIVE DATE; APPLICATION OF the United States Code¿, United States Code, tion 502(g) of title 11, United States Code, is AMENDMENTS. is amended— amended— (a) EFFECTIVE DATE.—This title shall take (1) in the table of sections for chapter 5— (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and effect on the date of enactment of this Act. (A) by striking the items relating to sec- (2) by adding at the end the following: (b) APPLICATION OF AMENDMENTS.—The tions 555 and 556 and inserting the following: ‘‘(2) A claim for damages calculated in ac- amendments made by this title shall apply ‘‘555. Contractual right to liquidate, termi- cordance with section 561 shall be allowed with respect to cases commenced or appoint- nate, or accelerate a securities under subsection (a), (b), or (c) of this sec- ments made under any Federal or State law contract. tion, or disallowed under subsection (d) or (e) after the date of enactment of this Act, but ‘‘556. Contractual right to liquidate, termi- of this section, as if such claim had arisen shall not apply with respect to cases com- nate, or accelerate a commod- before the date of the filing of the petition.’’. menced or appointments made under any ities contract or forward con- Federal or State law before the date of en- SEC. 903. ASSET-BACKED SECURITIZATIONS. actment of this Act. tract.’’; Section 541 of title 11, United States Code, (B) by striking the items relating to sec- is amended— TITLE X—PROTECTION OF FAMILY tions 559 and 560 and inserting the following: (1) in subsection (b), by striking ‘‘or’’ at FARMERS ‘‘559. Contractual right to liquidate, termi- the end of paragraph (4); SEC. 1001. REENACTMENT OF CHAPTER 12. nate, or accelerate a repurchase (2) by redesignating paragraph (5) of sub- (a) REENACTMENT.— agreement. section (b) as paragraph (6); (1) IN GENERAL.—Chapter 12 of title 11, ‘‘560. Contractual right to liquidate, termi- (3) by inserting after paragraph (4) of sub- United States Code, as reenacted by section nate, or accelerate a swap section (b) the following new paragraph: 149 of division C of the Omnibus Consolidated agreement.’’; (4) by adding at the end the following ønew and Emergency Supplemental Appropria- and subsection¿: tions Act, 1999 (Public Law 105–277), and (C) by adding after the item relating to ‘‘(5) any eligible asset (or proceeds there- amended by this Act, is reenacted. section 560 the following: of), to the extent that such eligible asset was (2) EFFECTIVE DATE.—Subsection (a) shall ‘‘561. Contractual right to terminate, liq- transferred by the debtor, before the date of take effect on øApril 1, 1999¿ October 1, 1999. (b) CONFORMING AMENDMENT.—Section 302 uidate, accelerate, or offset commencement of the case, to an eligible en- of the Bankruptcy, Judges, United States under a master netting agree- tity in connection with an asset-backed Trustees, and Family Farmer Bankruptcy ment and across contracts.’’; securitization, except to the extent that Act of 1986 (28 U.S.C. 581 note) is amended by and such asset (or proceeds or value thereof) may striking subsection (f). (2) in the table of sections for chapter 7— be recovered by the trustee under section 550 (A) by inserting after the item relating to by virtue of avoidance under section 548(a); SEC. 1002. DEBT LIMIT INCREASE. Section 104(b) of title 11, United States section 766 the following: or’’; and Code, is amended by adding at the end the ‘‘767. Commodity broker liquidation and for- ‘‘(e) For purposes of this section, the fol- lowing definitions shall apply: following: ward contract merchants, com- ‘‘(4) The dollar amount in section 101(18) ‘‘(1) The term ‘asset-backed securitization’ modity brokers, stockbrokers, shall be adjusted at the same times and in means a transaction in which eligible assets financial institutions, securi- the same manner as the dollar amounts in transferred to an eligible entity are used as ties clearing agencies, swap paragraph (1) of this subsection, beginning the source of payment on securities, the participants, repo participants, with the adjustment to be made on April 1, most senior of which are rated investment and master netting agreement 2001.’’. participants.’’; grade by 1 or more nationally recognized se- curities rating organizations, issued by an SEC. 1003. ELIMINATION OF REQUIREMENT THAT and FAMILY FARMER AND SPOUSE RE- (B) by inserting after the item relating to issuer. CEIVE OVER 50 PERCENT OF IN- section 752 the following: ‘‘(2) The term ‘eligible asset’ means— COME FROM FARMING OPERATION ‘‘(A) financial assets (including interests ‘‘753. Stockbroker liquidation and forward IN YEAR PRIOR TO BANKRUPTCY. therein and proceeds thereof), either fixed or Section 101(18)(A) of title 11, United States contract merchants, com- revolving, including residential and commer- Code, is amended by striking ‘‘the taxable modity brokers, stockbrokers, cial mortgage loans, consumer receivables, year preceding the taxable year’’ and insert- financial institutions, securi- trade receivables, and lease receivables, ing ‘‘at least 1 of the 3 calendar years pre- ties clearing agencies, swap that, by their terms, convert into cash with- ceding the year’’. participants, repo participants, in a finite time period, plus any rights or and master netting agreement SEC. 1004. CERTAIN CLAIMS OWED TO GOVERN- other assets designed to assure the servicing MENTAL UNITS. participants.’’. or timely distribution of proceeds to security (a) CONTENTS OF PLAN.—Section 1222(a)(2) SEC. 902. DAMAGE MEASURE. holders; of title 11, United States Code, is amended to (a) IN GENERAL.—Title 11, United States ‘‘(B) cash; and read as follows: Code, is amended— ‘‘(C) securities. ‘‘(2) provide for the full payment, in de- (1) by inserting after section 561 the fol- ‘‘(3) The term ‘eligible entity’ means— ferred cash payments, of all claims entitled lowing: ‘‘(A) an issuer; or to priority under section 507, unless— ‘‘§ 562. Damage measure in connection with ‘‘(B) a trust, corporation, partnership, or ‘‘(A) the claim is a claim owed to a govern- swap agreements, securities contracts, for- other entity engaged exclusively in the busi- mental unit that arises as a result of the ward contracts, commodity contracts, re- ness of acquiring and transferring eligible as- sale, transfer, exchange, or other disposition purchase agreements, or master netting sets directly or indirectly to an issuer and of any farm asset used in the debtor’s farm- agreements taking actions ancillary thereto. ing operation, in which case the claim shall ‘‘If the trustee rejects a swap agreement, ‘‘(4) The term ‘issuer’ means a trust, cor- be treated as an unsecured claim that is not securities contract (as defined in section poration, partnership, or other entity en- entitled to priority under section 507, but the 741), forward contract, commodity contract gaged exclusively in the business of acquir- debt shall be treated in such manner only if (as defined in section 761) repurchase agree- ing and holding eligible assets, issuing secu- the debtor receives a discharge; or October 5, 1999 CONGRESSIONAL RECORD — SENATE S12039 ‘‘(B) the holder of a particular claim agrees section (c), is amended by inserting after SEC. 1104. APPOINTMENT OF OMBUDSMAN TO to a different treatment of that claim; and’’. paragraph (40A) the following: ACT AS PATIENT ADVOCATE. (b) SPECIAL NOTICE PROVISIONS.—Section ‘‘(40B) ‘patient records’ means any written (a) IN GENERAL.— 1231(d) of title 11, United States Code, is document relating to a patient or record re- (1) APPOINTMENT OF OMBUDSMAN.—Sub- amended by striking ‘‘a State or local gov- corded in a magnetic, optical, or other form chapter II of chapter 3 of title 11, United ernmental unit’’ and inserting ‘‘any govern- of electronic medium;’’. States Code, is amended by inserting after mental unit’’. SEC. 1102. DISPOSAL OF PATIENT RECORDS. section 331 the following: TITLE XI—HEALTH CARE AND EMPLOYEE (a) IN GENERAL.—Subchapter III of chapter ‘‘§ 332. Appointment of ombudsman BENEFITS 3 of title 11, United States Code, is amended ‘‘(a) Not later than 30 days after a case is SEC. 1101. DEFINITIONS. by adding at the end the following: commenced by a health care business under (a) HEALTH CARE BUSINESS DEFINED.—Sec- ‘‘§ 351. Disposal of patient records chapter 7, 9, or 11, the court shall appoint an tion 101 of title 11, United States Code, as ‘‘If a health care business commences a ombudsman to represent the interests of the amended by section 1004(a) of this Act, is case under chapter 7, 9, or 11, and the trustee patients of the health care business. amended— does not have a sufficient amount of funds to ‘‘(b) An ombudsman appointed under sub- (1) by redesignating paragraph (27A) as pay for the storage of patient records in the section (a) shall— paragraph (27C); and manner required under applicable Federal or ‘‘(1) monitor the quality of patient care, to (2) inserting after paragraph (27) the fol- State law, the following requirements shall the extent necessary under the cir- lowing: apply: cumstances, including reviewing records and ‘‘(27A) ‘health care business’— ‘‘(1) The trustee shall mail, by certified interviewing patients and physicians; ‘‘(A) means any public or private entity mail, a written request to each appropriate ‘‘(2) not later than 60 days after the date of (without regard to whether that entity is or- Federal or State agency to request permis- appointment, and not less frequently than ganized for profit or not for profit) that is sion from that agency to deposit the patient every 60 days thereafter, report to the court, primarily engaged in offering to the general records with that agency. at a hearing or in writing, regarding the public facilities and services for— ‘‘(2) If no appropriate Federal or State quality of patient care at the health care ‘‘(i) the diagnosis or treatment of injury, agency agrees to permit the deposit of pa- business involved; and deformity, or disease; and tient records referred to in paragraph (1) by ‘‘(3) if the ombudsman determines that the ‘‘(ii) surgical, drug treatment, psychiatric the date that is 60 days after the trustee quality of patient care is declining signifi- or obstetric care; and mails a written request under that para- cantly or is otherwise being materially com- ‘‘(B) includes— graph, the trustee shall— promised, notify the court by motion or ‘‘(i) any— ‘‘(A) publish notice, in 1 or more appro- written report, with notice to appropriate ‘‘(I) general or specialized hospital; priate newspapers, that if those patient parties in interest, immediately upon mak- ‘‘(II) ancillary ambulatory, emergency, or records are not claimed by the patient or an ing that determination. surgical treatment facility; insurance provider (if applicable law permits ‘‘(c) An ombudsman shall maintain any in- ‘‘(III) hospice; the insurance provider to make that claim) formation obtained by the ombudsman under ‘‘(IV) health maintenance organization; by the date that is 60 days after the date of this section that relates to patients (includ- ‘‘(V) home health agency; and that notification, the trustee will destroy ing information relating to patient records) ‘‘(VI) other health care institution that is the patient records; and as confidential information.’’. similar to an entity referred to in subclause ‘‘(B) during the 60-day period described in (2) CLERICAL AMENDMENT.—The chapter (I), (II), (III), (IV), or (V); and subparagraph (A), the trustee shall attempt analysis for chapter 3 of title 11, United ‘‘(ii) any long-term care facility, including to notify directly each patient that is the States Code, is amended by inserting after any— subject of the patient records concerning the the item relating to section 331 the fol- ‘‘(I) skilled nursing facility; patient records by mailing to the last known lowing: ‘‘(II) intermediate care facility; ‘‘(III) assisted living facility; address of that patient an appropriate notice ‘‘332. Appointment of ombudsman.’’. ‘‘(IV) home for the aged; regarding the claiming or disposing of pa- (b) COMPENSATION OF OMBUDSMAN.—Section ‘‘(V) domicilary care facility; and tient records. 330(a)(1) of title 11, United States Code, is ‘‘(VI) health care institution that is re- ‘‘(3) If, after providing the notification amended— lated to a facility referred to in subclause under paragraph (2), patient records are not (1) in the matter proceeding subparagraph (I), (II), (III), (IV), or (V), if that institution claimed during the 60-day period described in (A), by inserting ‘‘an ombudsman appointed is primarily engaged in offering room, board, paragraph (2)(A) or in any case in which a under section 331, or’’ before ‘‘a professional laundry, or personal assistance with activi- notice is mailed under paragraph (2)(B), dur- person’’; and ties of daily living and incidentals to activi- ing the 90-day period beginning on the date (2) in subparagraph (A), by inserting ‘‘om- ties of daily living;’’. on which the notice is mailed, by a patient budsman,’’ before ‘‘professional person’’. (b) HEALTH MAINTENANCE ORGANIZATION or insurance provider in accordance with SEC. 1105. DEBTOR IN POSSESSION; DUTY OF DEFINED.—Section 101 of title 11, United that paragraph, the trustee shall destroy TRUSTEE TO TRANSFER PATIENTS. States Code, as amended by subsection (a), is those records by— (a) IN GENERAL.—Section 704(a) of title 11, amended by inserting after paragraph (27A) ‘‘(A) if the records are written, shredding United States Code, as amended by section the following: or burning the records; or 219 of this Act, is amended— ‘‘(27B) ‘health maintenance organization’ ‘‘(B) if the records are magnetic, optical, or (1) in paragraph (9), by striking ‘‘and’’ at means any person that undertakes to provide other electronic records, by otherwise de- the end; or arrange for basic health care services stroying those records so that those records (2) in paragraph (10), by striking the period through an organized system that— cannot be retrieved.’’. and inserting ‘‘; and’’; and ‘‘(A)(i) combines the delivery and financing (b) CLERICAL AMENDMENT.—The chapter (3) by adding at the end the following: of health care to enrollees; and analysis for chapter 3 of title 11, United ‘‘(11) use all reasonable and best efforts to ‘‘(ii)(I) provides— States Code, is amended by inserting after transfer patients from a health care business ‘‘(aa) physician services directly through the item relating to section 350 the fol- that is in the process of being closed to an physicians or 1 or more groups of physicians; lowing: appropriate health care business that— and ‘‘351. Disposal of patient records.’’. ‘‘(A) is in the vicinity of the health care ‘‘(bb) basic health care services directly or SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR business that is closing; under a contractual arrangement; and COSTS OF CLOSING A HEALTH CARE ‘‘(B) provides the patient with services ‘‘(II) if reasonable and appropriate, pro- BUSINESS. that are substantially similar to those pro- vides physician services and basic health Section 503(b) of title 11, United States vided by the health care business that is in care services through arrangements other Code, is amended— the process of being closed; and than the arrangements referred to in clause (1) in paragraph (5), by striking ‘‘and’’ at ‘‘(C) maintains a reasonable quality of (i); and the end; care.’’. (2) in paragraph (6), by striking the period ‘‘(B) includes any organization described in (b) CONFORMING AMENDMENT.—Section subparagraph (A) that provides, or arranges at the end and inserting ‘‘; and’’; and 1106(a)(1) of title 11, United States Code, is for, health care services on a prepayment or (3) by adding at the end the following: amended by striking ‘‘and 704(9)’’ and insert- other financial basis;’’. ‘‘(7) the actual, necessary costs and ex- ing ‘‘704(9), and 704(10)’’. (c) PATIENT.—Section 101 of title 11, United penses of closing a health care business in- TITLE øXII¿ XI—TECHNICAL States Code, as amended by subsection (b), is curred by a trustee, including any cost or ex- AMENDMENTS amended by inserting after paragraph (40) pense incurred— the following: ‘‘(A) in disposing of patient records in ac- SEC. ø1201.¿ 1101. DEFINITIONS. ‘‘(40A) ‘patient’ means any person who ob- cordance with section 351; or Section 101 of title 11, United States Code, tains or receives services from a health care ‘‘(B) in connection with transferring pa- as amended by section ø1101¿ 1003 of this Act, business;’’. tients from the health care business that is is amended— (d) PATIENT RECORDS.—Section 101 of title in the process of being closed to another (1) by striking ‘‘In this title—’’ and insert- 11, United States Code, as amended by sub- health care business.’’. ing ‘‘In this title:’’; S12040 CONGRESSIONAL RECORD — SENATE October 5, 1999 (2) in each paragraph, by inserting ‘‘The SEC. 1210. PRIORITIES. (3) by striking ‘‘the interest’’ and inserting term’’ after the paragraph designation; Section 507(a) of title 11, United States ‘‘such interest’’. (3) in paragraph (35)(B), by striking ‘‘para- Code, as amended by sections 211 and 229 of SEC. ø1218.¿ 1116. DISPOSITION OF PROPERTY OF graphs (21B) and (33)(A)’’ and inserting this Act, is amended— THE ESTATE. ‘‘paragraphs (23) and (35)’’; (1) in paragraph (4)(B), by striking the Section 726(b) of title 11, United States (4) in each of paragraphs (35A) and (38), by semicolon at the end and inserting a period; Code, is amended by striking ‘‘1009,’’. striking ‘‘; and’’ at the end and inserting a and SEC. ø1219.¿ 1117. GENERAL PROVISIONS. period; (2) in paragraph (8), by inserting ‘‘unse- Section 901(a) of title 11, United States (5) in paragraph (51B)— cured’’ after ‘‘allowed’’. Code, as amended by section ø901(k)¿ 502 of (A) by inserting ‘‘who is not a family farm- SEC. 1211. EXEMPTIONS. this Act, is amended by inserting ‘‘1123(d),’’ er’’ after ‘‘debtor’’ the first place it appears; Section 522(g)(2) of title 11, United States after ‘‘1123(b),’’. and Code, as amended by section 311 of this Act, SEC. ø1220.¿ 1118. ABANDONMENT OF RAILROAD (B) by striking ‘‘thereto having aggregate’’ is amended by striking ‘‘subsection (f)(2)’’ LINE. and all that follows through the end of the and inserting ‘‘subsection (f)(1)(B)’’. Section 1170(e)(1) of title 11, United States paragraph; SEC. ø1212.¿ 1110. EXCEPTIONS TO DISCHARGE. Code, is amended by striking ‘‘section 11347’’ (6) by striking paragraph (54) and inserting Section 523 of title 11, United States Code, and inserting ‘‘section 11326(a)’’. the following: as amended by section ø229¿ 714 of this Act, SEC. ø1221.¿ 1119. CONTENTS OF PLAN. ‘‘(54) The term ‘transfer’ means— is amended— Section 1172(c)(1) of title 11, United States ‘‘(A) the creation of a lien; (1) as amended by section 304(e) of Public Code, is amended by striking ‘‘section 11347’’ ‘‘(B) the retention of title as a security in- Law 103–394 (108 Stat. 4133), in paragraph (15), and inserting ‘‘section 11326(a)’’. terest; by transferring such paragraph so as to in- SEC. ø1222.¿ 1120. DISCHARGE UNDER CHAPTER ‘‘(C) the foreclosure of a debtor’s equity of sert øit¿ such paragraph after paragraph (14) 12. redemption; or of subsection (a); Subsections (a) and (c) of section 1228 of ‘‘(D) each mode, direct or indirect, abso- (2) in subsection (a)— title 11, United States Code, are amended by lute or conditional, voluntary or involun- (A) in paragraph (3), by striking ‘‘or (6)’’ striking ‘‘1222(b)(10)’’ each place it appears tary, of disposing of or parting with— each place it appears and inserting ‘‘(6), or and inserting ‘‘1222(b)(9)’’. ‘‘(i) property; or (15)’’; SEC. ø1223.¿ 1121. BANKRUPTCY CASES AND PRO- ‘‘(ii) an interest in property;’’; (B) in paragraph (9), by striking ‘‘motor ve- CEEDINGS. (7) in each of paragraphs (1) through (35), in hicle or vessel’’ and inserting ‘‘motor vehi- Section 1334(d) of title 28, United States each of paragraphs (36) and (37), and in each cle, vessel, or aircraft’’; and Code, is amended— of paragraphs (40) through (55) (including (C) in paragraph (15), as so redesignated by (1) by striking ‘‘made under this sub- paragraph (54), as amended by paragraph (6) paragraph (1) of this subsection, by inserting section’’ and inserting ‘‘made under sub- of this section), by striking the semicolon at ‘‘to a spouse, former spouse, or child of the section (c)’’; and the end and inserting a period; and debtor and’’ after ‘‘(15)’’; and (2) by striking ‘‘This subsection’’ and in- (8) by redesignating paragraphs (4) through (2) in subsection (a)(9), by striking ‘‘motor ve- serting ‘‘Subsection (c) and this subsection’’. (55), including paragraph (54), as amended by hicle or vessel’’ and inserting ‘‘motor vehicle, SEC. ø1224.¿ 1122. KNOWING DISREGARD OF paragraph (6) of this section, in entirely nu- vessel, or aircraft’’; and BANKRUPTCY LAW OR RULE. merical sequence. (3) in subsection (e), by striking ‘‘a in- Section 156(a) of title 18, United States SEC. ø1202.¿ 1102. ADJUSTMENT OF DOLLAR sured’’ and inserting ‘‘an insured’’. Code, is amended— AMOUNTS. SEC. ø1213.¿ 1111. EFFECT OF DISCHARGE. (1) in the first undesignated paragraph— Section 104 of title 11, United States Code, Section 524(a)(3) of title 11, United States (A) by inserting ‘‘(1) the term’’ before is amended by inserting ‘‘522(f)(3), Code, is amended by striking ‘‘section 523’’ ‘‘ ‘bankruptcy’’; and ø707(b)(5),¿’’ after ‘‘522(d),’’ each place it ap- and all that follows through ‘‘or that’’ and (B) by striking the period at the end and pears. inserting ‘‘section 523, 1228(a)(1), or 1328(a)(1), inserting ‘‘; and’’; and SEC. ø1203.¿ 1103. EXTENSION OF TIME. or that’’. (2) in the second undesignated paragraph— Section 108(c)(2) of title 11, United States SEC. ø1214.¿ 1112. PROTECTION AGAINST DIS- (A) by inserting ‘‘(2) the term’’ before CRIMINATORY TREATMENT. Code, is amended by striking ‘‘922’’ and all ‘‘ ‘document’’; and Section 525(c) of title 11, United States that follows through ‘‘or’’, and inserting (B) by striking ‘‘this title’’ and inserting Code, is amended— ‘‘922, 1201, or’’. ‘‘title 11’’. (1) in paragraph (1), by inserting ‘‘student’’ SEC. ø1204.¿ 1104. TECHNICAL AMENDMENTS. SEC. ø1225.¿ 1123. TRANSFERS MADE BY NON- before ‘‘grant’’ the second place it appears; PROFIT CHARITABLE CORPORA- Title 11, øof the¿ United States Code, is and TIONS. amended— (2) in paragraph (2), by striking ‘‘the pro- (a) SALE OF PROPERTY OF ESTATE.—Section (1) in section 109(b)(2), by striking ‘‘sub- gram operated under part B, D, or E of’’ and 363(d) of title 11, United States Code, is section (c) or (d) of’’; and inserting ‘‘any program operated under’’. amended by striking ‘‘only’’ and all that fol- ø(2) in section 541(b)(4), by adding ‘‘or’’ at SEC. ø1215.¿ 1113. PROPERTY OF THE ESTATE. lows through the end of the subsection and the end; and¿ Section 541(b)(4)(B)(ii) of title 11, United inserting ‘‘only— ø(3)¿ (2) in section 552(b)(1), by striking States Code, is amended by inserting ‘‘365 ‘‘(1) in accordance with applicable non- ‘‘product’’ each place it appears and insert- or’’ before ‘‘542’’. bankruptcy law that governs the transfer of ing ‘‘products’’. SEC. ø1216.¿ 1114. PREFERENCES. property by a corporation or trust that is SEC. ø1205.¿ 1105. PENALTY FOR PERSONS WHO (a) IN GENERAL.—Section 547 of title 11, not a moneyed, business, or commercial cor- NEGLIGENTLY OR FRAUDULENTLY United States Code, as amended by section poration or trust; and PREPARE BANKRUPTCY PETITIONS. 201(b) of this Act, is amended— ‘‘(2) to the extent not inconsistent with Section 110(j)(3) of title 11, United States (1) in subsection (b), by striking ‘‘sub- any relief granted under subsection (c), (d), Code, is amended by striking ‘‘attorney’s’’ section (c)’’ and inserting ‘‘subsections (c) (e), or (f) of section 362.’’. and inserting ‘‘attorneys’ ’’. and (i)’’; and (b) CONFIRMATION OF PLAN FOR REORGA- SEC. ø1206.¿ 1106. LIMITATION ON COMPENSA- (2) by adding at the end the following: NIZATION.—Section 1129(a) of title 11, United TION OF PROFESSIONAL PERSONS. ‘‘(i) If the trustee avoids under subsection States Code, as amended by section 212 of Section 328(a) of title 11, United States (b) a security interest given between 90 days this Act, is amended by adding at the end Code, is amended by inserting ‘‘on a fixed or and 1 year before the date of the filing of the the following: percentage fee basis,’’ after ‘‘hourly basis,’’. petition, by the debtor to an entity that is ‘‘(15) All transfers of property of the plan SEC. ø1207.¿ 1107. SPECIAL TAX PROVISIONS. not an insider for the benefit of a creditor shall be made in accordance with any appli- that is an insider, such security interest Section 346(g)(1)(C) of title 11, United cable provisions of nonbankruptcy law that shall be considered to be avoided under this States Code, is amended by striking ‘‘, ex- govern the transfer of property by a corpora- section only with respect to the creditor cept’’ and all that follows through ‘‘1986’’. tion or trust that is not a moneyed, business, that is an insider.’’. or commercial corporation or trust.’’. SEC. ø1208.¿ 1108. EFFECT OF CONVERSION. (b) APPLICABILITY.—The amendments made (c) TRANSFER OF PROPERTY.—Section 541 of Section 348(f)(2) of title 11, United States by this section shall apply to any case that title 11, United States Code, is amended by Code, is amended by inserting ‘‘of the es- pending or commenced on or after the date adding at the end the following: tate’’ after ‘‘property’’ the first place it ap- of enactment of this Act. ‘‘(f) Notwithstanding any other provision pears. SEC. ø1217.¿ 1115. POSTPETITION TRANSACTIONS. of this title, property that is held by a debt- SEC. ø1209.¿ 1109. ALLOWANCE OF ADMINISTRA- Section 549(c) of title 11, United States or that is a corporation described in section TIVE EXPENSES. Code, is amended— 501(c)(3) of the Internal Revenue Code of 1986 Section 503(b)(4) of title 11, United States (1) by inserting ‘‘an interest in’’ after and exempt from tax under section 501(a) of Code, is amended by inserting ‘‘subparagraph ‘‘transfer of’’; such Code may be transferred to an entity (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph (2) by striking ‘‘such property’’ and insert- that is not such a corporation, but only (3)’’. ing ‘‘such real property’’; and under the same conditions as would apply if October 5, 1999 CONGRESSIONAL RECORD — SENATE S12041

the debtor had not filed a case under this (2) VACANCIES.—The first vacancy occur- travel expense identified under clause (i), title.’’. ring in the office of a bankruptcy judge in with the name of the bankruptcy judge to (d) APPLICABILITY.—The amendments made each of the judicial districts set forth in whom the travel applies; and by this section shall apply to a case pending paragraph (1) that— ‘‘(iii) the number of days of each travel de- under title 11, United States Code, on the (A) results from the death, retirement, res- scribed under clause (ii), with the name of date of enactment of this Act, except that ignation, or removal of a bankruptcy judge; the bankruptcy judge to whom the travel ap- the court shall not confirm a plan under and plies. chapter 11 of this title without considering (B) occurs 5 years or more after the ap- ‘‘(4)(A) The Director of the Administrative whether this section would substantially af- pointment date of a bankruptcy judge ap- Office of the United States Courts shall— fect the rights of a party in interest who pointed under paragraph (1); ‘‘(i) consolidate the reports submitted first acquired rights with respect to the shall not be filled. under paragraph (3) into a single report; and debtor after the date of the petition. The (c) EXTENSIONS.— ‘‘(ii) annually submit such consolidated re- parties who may appear and be heard in a (1) IN GENERAL.—The temporary bank- port to Congress. proceeding under this section include the at- ruptcy judgeship positions authorized for the ‘‘(B) The consolidated report submitted torney general of the State in which the northern district of Alabama, the district of under this paragraph shall include the spe- debtor is incorporated, was formed, or does Delaware, the district of Puerto Rico, the cific information required under paragraph business. (3)(B), including the name of each bank- (e) RULE OF CONSTRUCTION.—Nothing in district of South Carolina, and the eastern district of Tennessee under section 3(a) (1), ruptcy judge with respect to clauses (i), (ii), this section shall be construed to require the and (iii) of paragraph (3)(B).’’. court in which a case under chapter 11 is (3), (7), (8), and (9) of the Bankruptcy Judge- pending to remand or refer any proceeding, ship Act of 1992 (28 U.S.C. 152 note) are ex- TITLE øXIII¿ XII—GENERAL EFFECTIVE issue, or controversy to any other court or to tended until the first vacancy occurring in DATE; APPLICATION OF AMENDMENTS require the approval of any other court for the office of a bankruptcy judge in the appli- SEC. ø1301.¿ 1201. EFFECTIVE DATE; APPLICATION the transfer of property. cable district resulting from the death, re- OF AMENDMENTS. SEC. ø1226.¿ 1124. PROTECTION OF VALID PUR- tirement, resignation, or removal of a bank- (a) EFFECTIVE DATE.—Except as provided CHASE MONEY SECURITY INTER- ruptcy judge and occurring— otherwise in this Act, this Act and the ESTS. (A) 8 years or more after November 8, 1993, amendments made by this Act shall take ef- Section 547(c)(3)(B) of title 11, United with respect to the northern district of Ala- fect 180 days after the date of enactment of States Code, is amended by striking ‘‘20’’ and bama; this Act. inserting ‘‘30’’. (B) 10 years or more after October 28, 1993, (b) APPLICATION OF AMENDMENTS.—The SEC. ø1227.¿ 1125. EXTENSIONS. with respect to the district of Delaware; amendments made by this Act shall not Section 302(d)(3) of the Bankruptcy, (C) 8 years or more after August 29, 1994, apply with respect to cases commenced Judges, United States Trustees, and Family with respect to the district of Puerto Rico; under title 11, United States Code, before the Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 (D) 8 years or more after June 27, 1994, with effective date of this Act. note) is amended— respect to the district of South Carolina; and (1) in subparagraph (A), in the matter fol- (E) 8 years or more after November 23, 1993, lowing clause (ii), by striking ‘‘or October 1, with respect to the eastern district of Ten- WYDEN AMENDMENT NO. 2255 2002, whichever occurs first’’; and nessee. (2) in subparagraph (F)— (2) APPLICABILITY OF OTHER PROVISIONS.— (Ordered to lie on the table.) (A) in clause (i)— All other provisions of section 3 of the Bank- Mr. WYDEN submitted an amend- (i) in subclause (II), by striking ‘‘or Octo- ruptcy Judgeship Act of 1992 remain applica- ment intended to be proposed by him ber 1, 2002, whichever occurs first’’; and ble to such temporary judgeship positions. to the bill S. 82, supra; as follows: (d) TECHNICAL AMENDMENT.—The first sen- (ii) in the matter following subclause (II), On page 106, line 25, strike ‘‘COMMER- by striking ‘‘October 1, 2003, or’’; and tence of section 152(a)(1) of title 28, United CIAL AVIATION’’ and insert ‘‘Additional (B) in clause (ii), in the matter following States Code, is amended to read as follows: subclause (II)— ‘‘Each bankruptcy judge to be appointed for Compensation’’. (i) by striking ‘‘before October 1, 2003, or’’; a judicial district as provided in paragraph On page 107, line 1, beginning with and (2) shall be appointed by the United States ‘‘If’’ strike all through ‘‘additional’’ on (ii) by striking ‘‘, whichever occurs first’’. court of appeals for the circuit in which such line 2, and insert ‘‘Additional’’. SEC. ø1228.¿ 1126. BANKRUPTCY JUDGESHIPS. district is located.’’. On page 107, line 21, strike ‘‘caused (a) SHORT TITLE.—This section may be (e) TRAVEL EXPENSES OF BANKRUPTCY during commercial aviation occurring cited as the ‘‘Bankruptcy Judgeship Act of JUDGES.—Section 156 of title 28, United after July 16, 1996’’ and insert ‘‘occur- States Code, is amended by adding at the end 1999’’. ring after November 23, 1995’’. (b) TEMPORARY JUDGESHIPS.— the following: (1) APPOINTMENTS.—The following judge- ‘‘(g)(1) In this subsection, the term ‘travel ship positions shall be filled in the manner expenses’— BURNS (AND ASHCROFT) prescribed in section 152(a)(1) of title 28, ‘‘(A) means the expenses incurred by a United States Code, for the appointment of bankruptcy judge for travel that is not di- AMENDMENT NO. 2256 bankruptcy judges provided for in section rectly related to any case assigned to such Mr. MCCAIN (for Mr. BURNS (for him- 152(a)(2) of such title: bankruptcy judge; and self and Mr. ASHCROFT)) proposed an (A) One additional bankruptcy judgeship ‘‘(B) shall not include the travel expenses amendment to the bill S. 82, supra; as for the eastern district of California. of a bankruptcy judge if— follows: (B) Four additional bankruptcy judgeships ‘‘(i) the payment for the travel expenses is for the central district of California. paid by such bankruptcy judge from the per- SECTION 1. SHORT TITLE. (C) One additional bankruptcy judgeship sonal funds of such bankruptcy judge; and This title may be cited as the ‘‘Improved for the southern district of Florida. ‘‘(ii) such bankruptcy judge does not re- Consumer Access to Travel Information (D) Two additional bankruptcy judgeships ceive funds (including reimbursement) from Act’’. for the district of Maryland. the United States or any other person or en- SEC. 2. NATIONAL COMMISSION TO ENSURE CON- (E) One additional bankruptcy judgeship tity for the payment of such travel expenses. SUMER INFORMATION AND CHOICE for the eastern district of Michigan. ‘‘(2) Each bankruptcy judge shall annually IN THE AIRLINE INDUSTRY. (F) One additional bankruptcy judgeship submit the information required under para- (b) ESTABLISHMENT.—There is established a for the southern district of Mississippi. graph (3) to the chief bankruptcy judge for commission to be known as the ‘‘National (G) One additional bankruptcy judgeship the district in which the bankruptcy judge is Commission to Ensure Consumer Informa- for the district of New Jersey. assigned. tion and Choice in the Airline Industry’’ (in (H) One additional bankruptcy judgeship ‘‘(3)(A) Each chief bankruptcy judge shall this section referred to as the ‘‘Commis- for the eastern district of New York. submit an annual report to the Director of sion’’). (I) One additional bankruptcy judgeship for the Administrative Office of the United (c) DUTIES.— the northern district of New York. States Courts on the travel expenses of each (1) STUDY.—The Commission shall under- (J) One additional bankruptcy judgeship bankruptcy judge assigned to the applicable take a study of— for the southern district of New York. district (including the travel expenses of the (A) consumer access to information about (K) One additional bankruptcy judgeship chief bankruptcy judge of such district). the products and services of the airline in- for the eastern district of Pennsylvania. ‘‘(B) The annual report under this para- dustry; (L) One additional bankruptcy judgeship graph shall include— (B) the effect on the marketplace on the for the middle district of Pennsylvania. ‘‘(i) the travel expenses of each bankruptcy emergency of new means of distributing such (M) One additional bankruptcy judgeship judge, with the name of the bankruptcy products and services; for the western district of Tennessee. judge to whom the travel expenses apply; (C) the effect on consumers of the declin- (N) One additional bankruptcy judgeship ‘‘(ii) a description of the subject matter ing financial condition of travel agents in for the eastern district of Virginia. and purpose of the travel relating to each the United States; and S12042 CONGRESSIONAL RECORD — SENATE October 5, 1999 (D) the impediments imposed by the air- (D) 3 voting members and 3 nonvoting Mr. INHOFE submitted an amend- line industry on distributors of the indus- members appointed by the majority leader of ment intended to be proposed by him try’s products and services, including travel the Senate. to the bill S. 82, supra; as follows: agents and Internet-based distributors. (E) 2 voting members and 2 nonvoting (2) POLICY RECOMMENDATIONS.—Based on members appointed by the minority leader of On page 132, line 4, strike ‘‘is authorized the results of the study described in para- the Senate. to’’ and insert ‘‘shall’’. graph (1), the Commission shall recommend (2) QUALIFICATIONS.—Voting members ap- pointed under paragraph (1) shall be ap- to the President and Congress policies nec- BAUCUS AMENDMENT NO. 2258 essary to— pointed from among individuals who are ex- (A) ensure full consumer access to com- perts in economics, service product distribu- (Ordered to lie on the table.) plete information concerning airline fares, tion, or transportation, or any related dis- Mr. BAUCUS submitted an amend- routes, and other services; cipline, and who can represent consumers, ment intended to be proposed by him (B) ensure that the means of distributing passengers, shippers, travel agents, airlines, to the bill S. 82, supra; as follows: the products and services of the airline in- or general aviation. dustry, and of disseminating information (3) TERMS.—Members shall be appointed for At the end of title IV of the Manager’s sub- about such products and services, is ade- the life of the Commission. stitute amendment, add the following: quate to ensure that competitive informa- (4) VACANCIES.—A vacancy in the Commis- SEC. ll. SENSE OF THE SENATE. tion is available in the marketplace; sion shall be filled in the manner in which (a) FINDINGS.—The Senate makes the fol- (C) ensure that distributors of the products the original appointment was made. lowing findings: and services of the airline industry have ade- (5) TRAVEL EXPENSES.—Members shall (1) Recreational use of public lands is in- quate relief from illegal, anticompetitive serve without pay but shall receive travel ex- creasing in the United States and Canada. practices that occur in the marketplace; and penses, including per diem in lieu of subsist- (2) The increased recreational use can ben- (D) foster healthy competition in the air- ence, in accordance with subchapter I of efit local economies and create jobs. line industry and the entry of new entrants. chapter 57 of title 5, United States Code. (3) Increased recreational use can also (6) CHAIRPERSON.—The President, in con- (d) SPECIFIC MATTERS TO BE ADDRESSED.— bring the public into greater contact with sultation with the Speaker of the House of In carrying out the study authorized under grizzly bears and black bears. Representatives and the majority leader of subsection (c)(1), the Commission shall spe- (4) These conflicts can cause harm to rec- the Senate, shall designate the Chairperson cifically address the following: reational users and wildlife alike. (1) CONSUMER ACCESS TO INFORMATION.— of the Commission (referred to in this Act as (5) United States companies produce pep- With respect to consumer access to informa- the ‘‘Chairperson’’) from among its voting per spray devices that have been dem- tion regarding the services and products of- members. onstrated to reduce the severity and injury fered by the airline industry, the following: (f) COMMISSION PANELS.—The Chairperson of these conflicts to both people and wildlife. (A) The state of such access. shall establish such panels consisting of vot- (B) The effect in the 5-year period fol- ing members of the Commission as the (6) These companies contribute to local lowing the date of the study of the making of Chairperson determines appropriate to carry economies and provide employment in dis- alliances in the airline industry. out the functions of the Commission. tressed areas. (C) Whether and to what degree the trends (g) STAFF.—The Commission may appoint (7) Current Federal regulations prohibit regarding such access will produce benefits and fix the pay of such personnel as it con- airline passengers from carrying pepper to consumers. siders appropriate. spray devices in checked baggage that are of (2) MEANS OF DISTRIBUTION.—With respect (h) STAFF OF FEDERAL AGENCIES.—Upon re- sufficient size to deter bears, thereby cre- to the means of distributing the products quest of the Commission, the head of any de- ating a disincentive to the use of these pep- and services of the airline industry, the fol- partment or agency of the United States per spray devices. lowing: may detail, on a reimbursable basis, any of (b) SENSE OF THE SENATE.—It is the sense (A) The state of such means of distribu- the personnel of that department or agency of the Senate that Federal regulations tion. to the Commission to assist it in carrying should be changed to allow these types of (B) The roles played by travel agencies and out its duties under this section. pepper spray devices to be carried in checked Internet-based providers of travel informa- (i) OTHER STAFF AND SUPPORT.—Upon the baggage on domestic airlines consistent with tion and services in distributing such prod- request of the Commission, or a panel of the the interests of passenger safety. ucts and services. Commission, the Secretary of Transpor- (C) Whether the policies of the United tation shall provide the Commission or panel States promote the access of consumers to with professional and administrative staff ROBB (AND OTHERS) AMENDMENT multiple means of distribution. and other support, on a reimbursable basis, NO. 2259 (3) AIRLINE RESERVATION SYSTEMS.—With to assist the Commission or panel in car- respect to airline reservation systems, the Mr. ROBB (for himself, Mr. SAR- rying out its responsibilities. BANES, Ms. MIKULSKI, and Mr. WARNER) following: (j) OBTAINING OFFICIAL DATA.—The Com- (A) The rules, regulations, policies, and mission may secure directly from any de- proposed an amendment to amendment practices of the industry governing such sys- partment or agency of the United States in- No. 1892 proposed by Mr. Gorton to the tems. formation (other than information required bill, S. 82, supra; as follows: (B) How trends in such systems will affect by any statute of the United States to be Beginning on page 12 of the amendment, consumers, including— kept confidential by such department or (i) the effect on consumer access to flight strike line 18 and all that follows through agency) necessary for the Commission to reservation information; and page 19, line 2, and redesignate the remain- (ii) the effect on consumers of the use by carry out its duties under this section. Upon ing subsections and references thereto ac- the airline industry of penalties and pro- request of the Commission, the head of that cordingly. motions to convince distributors to use such department or agency shall furnish such nonconfidential information to the Commis- systems, and the degree of consumer aware- WYDEN AMENDMENTS NOS. 2260– ness of such penalties and promotions. sion. (k) REPORT.—Not later than 6 months after (4) LEGAL IMPEDIMENTS TO DISTRIBUTORS 2262 the date on which initial appointments of SEEKING RELIEF FOR ANTICOMPETITIVE AC- (Ordered to lie on the table.) members to the Commission are completed, TIONS.—The policies of the United States Mr. WYDEN submitted an amend- with respect to the legal impediments to dis- the Commission shall transmit to the Presi- dent and Congress a report on the activities ment intended to be proposed by him tributors seeking relief for anticompetitive to the bill S. 82, supra; as follows: actions, including— of the Commission, including recommenda- (A) Federal preemption of civil actions tions made by the Commission under sub- AMENDMENT NO. 2260 against airlines; and section (c)(2). On page 106, strike line 25 and all that fol- (l) TERMINATION.—The Commission shall (B) the role of the Department of Transpor- lows through the comma on page 107, line 2. terminate on the 30th day following the date tation in enforcing rules against anti- On page 107, line 21, strike ‘‘caused during of transmittal of the report under subsection competitive practices. commercial aviation’’. (e) MEMBERSHIP.— (k). All records and papers of the Commis- (1) APPOINTMENT.—The Commission shall sion shall thereupon be delivered by the Ad- AMENDMENT NO. 2261 be composed of 15 voting members and 11 ministrator of General Services for deposit nonvoting members as follows: in the National Archives. On page 106, strike line 25 and all that fol- (A) 5 voting members and 1 nonvoting (m) APPLICABILITY OF THE FEDERAL ADVI- lows through ‘‘additional’’ on page 107, line 2 member appointed by the President. SORY COMMITTEE ACT.—The Federal Advisory and insert the following: (B) 3 voting members and 3 nonvoting Committee Act (5 U.S.C. App.) shall not ‘‘(b) ADDITIONAL COMPENSATION.— members appointed by the Speaker of the apply to the Commission. ‘‘(1) IN GENERAL.—Additional’’. House of Representatives. On page 107, line 21, strike ‘‘caused during (C) 2 voting members and 2 nonvoting commercial aviation occurring after July 16, members appointed by the minority leader of INHOFE AMENDMENT NO. 2257 1996’’ and insert ‘‘occurring after November the House of Representatives. (Ordered to lie on the table.) 23, 1995’’. October 5, 1999 CONGRESSIONAL RECORD — SENATE S12043

AMENDMENT NO. 2262 shall be designated as commuter slot exemp- quiet aircraft technology for purposes of this On page 106, beginning on line 25, strike all tions; and section. If no requirements are promulgated through page 107, line 21, and insert the fol- ‘‘(B) 12 shall be air carrier slot exemptions. as mandated by this paragraph, then begin- lowing: ‘‘(c) PROCEDURAL REQUIREMENTS.—Before ning 9 months after enactment of this Act ‘‘(b) ADDITIONAL COMPENSATION.— granting exemptions under subsection (a), and until the provisions of this paragraph ‘‘(1) IN GENERAL.—Additional compensation the Secretary shall— are met, any aircraft shall be considered to for nonpecuniary damages for wrongful ‘‘(1) conduct an environmental review, tak- be in compliance with this paragraph. death of a decedent is recoverable in a total ing noise into account, and determine that (B) ROUTES OF CORRIDORS.—The Adminis- amount, for all beneficiaries of that dece- the granting of the exemptions will not trator shall by rule establish routes or cor- dent, that shall not exceed the greater of the cause a significant increase in noise; ridors for commercial air tours (as defined in pecuniary loss sustained or a sum total of ‘‘(2) determine whether capacity is avail- section 4012(d)(1) of title 49, United States $750,000 from all defendants for all claims. able and can be used safely and, if the Sec- Code) by fixed-wing and helicopter aircraft Punitive damages are not recoverable. retary so determines then so certify; that employ quiet aircraft technology for— ‘‘(2) INFLATION ADJUSTMENT.—The $750,000 ‘‘(3) give 30 days notice to the public (i) tours of the Grand Canyon originating amount shall be adjusted, beginning in cal- through publication in the Federal Register in Clark County, Nevada; and endar year 2000 by the increase, if any, in the of the Secretary’s intent to grant the exemp- (ii) ‘‘local loop’’ tours originating at the Consumer Price Index for all urban con- tions; and Grand Canyon National Park Airport, in sumers for the prior year over the Consumer ‘‘(4) consult with appropriate officers of Tusayan, Arizona. Price Index for all urban consumers for the the State and local government on any re- (C) OPERATIONAL CAPS AND EXPANDED calendar year 1998. lated noise and environmental issues. HOURS.—Commercial air tours (as so defined) ‘‘(3) NONPECUNIARY DAMAGES.—For pur- ‘‘(d) UNDERSERVED MARKET DEFINED.—In by any fixed-wing or helicopter aircraft that poses of this subsection, the term ‘nonpecu- this section, the term ‘service to underserved employs quiet aircraft technology and that niary damages’ means damages for loss of markets’ means passenger air transportation replaces an existing aircraft— care, comfort, and companionship.’’. service to an airport that is a nonhub airport (i) shall not be subject to operational flight allocations applicable to other commercial (b) EFFECTIVE DATE.—The amendment or a small hub airport (as defined in para- made by subsection (a) applies to any death graphs (4) and (5), respectively, of section air tours of the Grand Canyon; and (ii) may be conducted during the hours occurring after November 23, 1995. 41731(a)).’’. from 7:00 a.m. to 7:00 p.m. (2) 3-YEAR REPORT.—The Secretary shall (D) MODIFICATION OF EXISTING AIRCRAFT TO study and submit a report 3 years after the ABRAHAM AMENDMENT NO. 2263 MEET STANDARDS.—A commercial air tour (as first exemption granted under section (Ordered to lie on the table.) so defined) by a fixed-wing or helicopter air- 41718(a) of title 49, United States Code, is craft in a commercial air tour operator’s Mr. ABRAHAM submitted an amend- first used on the impact of the additional ment intended to be proposed by him fleet on the date of enactment of this Act slots on the safety, environment, noise, ac- that meets the requirements designated to the bill, S. 82, supra; as follows: cess to underserved markets, and competi- under the personally (a), or is subsequently At the appropriate place insert the fol- tion at Chicago O’Hare International Air- modified to meet the requirements des- lowing: port. ignated under subparagraph (A) may be used SEC. . REPEAL OF LIMIT ON SLOTS FOR BASIC On page 19, strike lines 10 and 11. for commercial air tours under the same ESSENTIAL AIR SERVICE AT CHI- On page 19, line 12, strike ‘‘(B)’’ and insert terms and conditions as a replacement air- CAGO O’HARE AIRPORT. ‘‘(A). craft under subparagraph (C) without regard 49 United States Code section 41714(a)(3) is On page 19, line 13, strike ‘‘(C)’’ and insert to whether it replaces an existing aircraft. amended by striking ‘‘except that the Sec- ‘‘(B). (E) GOAL OF RESTORING NATURAL QUIET.— retary shall not be required to make slots On page 19, line 15, strike ‘‘(D)’’ and insert Nothing in this paragraph reduces the goal, available at O’Hare International Airport in ‘‘(C). established for the Federal Aviation Admin- Chicago, Illinois, if the number of slots istration and the National Park Service available for basic essential air service (in- COVERDELL AMENDMENT NO. 2265 under Public Law 100–91 (16 U.S.C. 1a–1 note), cluding slots specifically designated as es- of achieving substantial restoration of the sential air service slots and slots for such Mr. MCCAIN (for Mr. COVERDELL) natural quiet at the Grand Canyon National purposes) to and from such airport is at least proposed an amendment to the bill, S. Park. 132 slots’’. 82, supra; as follows: At the appropriate place, insert the fol- At the appropriate place in the Manager’s lowing: FITZGERALD (AND DURBIN) substitute amendment, insert the following: TITLE —AIRLINE CUSTOMER SERVICE ABRAHAM AMENDMENT NO. 2264 SEC. . AVAILABILITY OF FUNDS FOR GEORGIA’S COMMITMENT Mr. FITZGERALD (for himself and REGIONAL AIRPORT ENHANCEMENT SEC. 01. AIRLINE CUSTOMER SERVICE RE- PROGRAM. PORTS. URBIN Mr. D ) proposed an amendment to Of the amounts made available to the Sec- (a) SECRETARY TO REPORT PLANS RE- the bill, S. 82, supra; as follows: retary of Transportation for the fiscal year CEIVED.—Each air carrier that provides On page 5, beginning with ‘‘apply—’’ in line 2000 under section 48103 of title 49, United scheduled passenger air transportation and 15, strike through line 19 and insert ‘‘apply States Code, Funds may be available for that is a member of the Air Transport Asso- after December 31, 2006, at LaGuardia Air- Georgia’s regional airport enhancement pro- ciation, all of which have entered into the port or John F. Kennedy International Air- gram for the acquisition of land. voluntary customer service commitments es- port.’’. tablished by the Association on June 17, 1999, On page 8, beginning with line 7, strike (hereinafter referred to as the ‘‘Airline Cus- MCCAIN (AND OTHERS) through line 17 on page 12 and insert the fol- tomer Service Commitment’’), shall provide lowing: AMENDMENTS NO. 2266 a copy of its individual customer service (1) IN GENERAL.—Subchapter I of chapter Mr. MCCAIN (for himself, Mr. HOL- plan to the Secretary of Transportation by 417, as amended by subsection (d), is amend- LINGS, and Mr. GORTON, and Mr. ROCKE- September 15, 1999. The Secretary, upon re- ed by inserting after section 41717 the fol- FELLER) proposed an amendment to the ceipt of the individual plans, shall report to lowing: bill, S. 82, supra; as follows: the Senate Committee on Commerce, ‘‘§ 41718. Special Rules for Chicago O’Hare Inter- Science, and Transportation and to the national Airport On page 7, line 5 beginning with ‘‘striking’’ House of Representatives Committee on ‘‘(a) IN GENERAL.—The Secretary of Trans- strike through ‘‘1999,’’ in line 8 and insert Transportation and Infrastructure the re- portation shall grant 30 slot exemptions over ‘‘striking ‘1999.’ and inserting ‘1999,’ ’’. ceipt of each such plan and transmit a copy a 3-year period beginning on the date of On page 7, line 14, strike ‘‘ ‘August 6, 1999’ ’’ of each plan. amendment of the Air Transportation Im- and insert ‘‘ ‘September 30, 1999,’ ’’. (b) IMPLEMENTATION.—The Inspector Gen- provement Act at Chicago O’Hare Inter- On page 111 beginning with line 1, strike eral of the Department of Transportation national Airport. through line 12 on page 112. shall monitor the implementation of any ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- On page 180, after line 15, insert the fol- plan submitted to the Secretary under sub- MENTS.— lowing: section (a) and evaluate the extent to which ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- (3) QUIET AIRCRAFT TECHNOLOGY FOR GRAND each such carrier has met its commitments emption may not be granted under this sec- CANYON.— under its plan. Each such carrier shall pro- tion with respect to any aircraft that is not (A) QUIET TECHNOLOGY REQUIREMENTS.— vide such information to the Inspector Gen- a Stage 3 aircraft (as defined by the Sec- Within 9 months after the date of enactment eral as may be necessary for the Inspector retary). of this Act, the Administrator of the Federal General to prepare the report required by ‘‘(2) SERVICE PROVIDED.—Of the exemptions Aviation Administration shall designate rea- subsection (c). granted under subsection (a)— sonably achievable requirements for fixed- (c) REPORTS TO THE CONGRESS.— ‘‘(A) 18 shall be used only for service to un- wing and helicopter aircraft necessary for (1) INTERIM REPORT.—The Inspector Gen- derserved markets, of which no fewer than 6 such aircraft to be considered as emloying eral shall submit a report of the Inspector S12044 CONGRESSIONAL RECORD — SENATE October 5, 1999 General’s findings under subsection (a) to ‘‘§ 48112. Consumer protection ministration or a designated representative the Senate Committee on Commerce, ‘‘There are authorized to be appropriated of the Administrator); and Science, and Transportation and the House to the Secretary of Transportation out of the (B) State and local governments in any ge- of Representatives Committee on Transpor- Airport and Airway Trust Fund established ographic area in which the program may op- tation and Infrastructure by June 15, 2000, under section 9502 of the Internal Revenue erate. that includes a status report on completion, Code of 1986 for the purpose of ensuring com- (3) TRAINING AND BACKGROUND OF LAW EN- publication, and implementation of the Air- pliance with, and enforcing, the rights of air FORCEMENT OFFICERS.— line Customer Service Commitment and the travelers under sections 41310 and 41712 of (A) IN GENERAL.—Under the program estab- individual airline plans to carry it out. The this title— lished under this subsection, to qualify to report shall include a review of whether each ‘‘(1) $2,300,000 for fiscal year 2000; serve as a Deputy United States Marshal air carrier has modified its contract of car- ‘‘(2) $2,415,000 for fiscal year 2001; under the program, a State or local law en- riage or conditions of contract to reflect ‘‘(3) $2,535,750 for fiscal year 2002; and forcement officer shall— each item of the Airline Customer Service ‘‘(2) $2,662,500 for fiscal year 2003.’’. (i) meet the minimum background and Commitment. (b) CONFORMING AMENDMENT.—The chapter training requirements for a law enforcement (2) FINAL REPORT; RECOMMENDATIONS.— analysis for chapter 481 is amended by add- officer under part 107 of title 14, Code of Fed- (A) IN GENERAL.—The Inspector General ing at the end thereof the following: eral Regulations (or equivalent requirements shall submit a final report to the Senate ‘‘48112. Consumer protection’’. established by the Attorney General); and Committee on Commerce, Science, and At the appropriate place, add the following (ii) receive approval to participate in the Transportation and the House of Representa- new title: program from the State or local law enforce- tives Committee on Transportation and In- TITLE ll—PENALTIES FOR UNRULY ment agency that is the employer of that frastructure by December 31, 2000, on the ef- PASSENGERS law enforcement officer. fectiveness of the Airline Customer Service ll (B) TRAINING NOT FEDERAL RESPONSI- Commitment and the individual airline plans SEC. 01. PENALTIES FOR UNRULY PAS- SENGERS. BILITY.—The Federal Government shall not to carry it out, including recommendations (a) IN GENERAL.—Chapter 463 is amended be responsible for providing to a State or for improving accountability, enforcement, by adding at the end the following: local law enforcement officer the training re- and consumer protections afforded to com- quired to meet the training requirements mercial air passengers. ‘‘§ 46317. Interference with cabin or flight under subparagraph (A)(i). Nothing in this (B) SPECIFIC CONTENT.—In the final report crew subsection may be construed to grant any under subparagraph (A), the Inspector Gen- ‘‘(a) GENERAL RULE.— such law enforcement officer the right to at- eral shall— ‘‘(1) IN GENERAL.—An individual who phys- (i) evaluate each carrier’s plan for whether ically assaults or threatens to physically as- tend any institution of the Federal Govern- it is consistent with the voluntary commit- sault a member of the flight crew or cabin ment established to provide training to law ments established by the Air Transport As- crew of a civil aircraft or any other indi- enforcement officers of the Federal Govern- sociation in the Airline Customer Service vidual on the aircraft, or takes any action ment. Commitment. that poses an imminent threat to the safety (c) POWERS AND STATUS OF DEPUTIZED LAW (ii) evaluate each carrier as to the extent of the aircraft or other individuals on the ENFORCEMENT OFFICERS.— to which, and the manner in which, it has aircraft is liable to the United States Gov- (1) IN GENERAL.—Subject to paragraph (2), a performed in carrying out its plan; ernment for a civil penalty of not more than State or local law enforcement officer that is (iii) identify, by air carrier, how it has im- $25,000. deputized as a Deputy United States Marshal plemented each commitment covered by its ‘‘(b) COMPROMISE AND SETOFF.— under the program established under sub- plan; and ‘‘(1) COMPROMISE.—The Secretary may section (b) may arrest and apprehend an in- (iv) provide an analysis, by air carrier, of compromise the amount of a civil penalty dividual suspected of violating any Federal the methods of meeting each commitment, imposed under this section. law described in subsection (b)(1)(A), includ- and in such analysis provide information ‘‘(2) SETOFF.—The United States Govern- ing any individual who violates a provision that allows consumers to make decisions on ment may deduct the amount of a civil pen- subject to a civil penalty under section 46301 the quality of air transportation provided by alty imposed or compromised under this sec- of title 49, United States Code, or section such carriers. tion from amounts the Government owes the 46302, 46303, 46504, 46505, or 46507 of that title, SEC. 02. INCREASED FINANCIAL RESPONSI- person liable for the penalty.’’. or who commits an act described in section BILITY FOR LOST BAGGAGE. (b) CONFORMING AMENDMENT.—The table of 46506 of that title. The Secretary of Transportation shall ini- sections for chapter 463 is amended by adding (2) LIMITATION.—The powers granted to a tiate a rule making within 30 days after the at the end the following: State or local law enforcement officer depu- date of enactment of this Act to increase the tized under the program established under domestic baggage liability limit in part 254 ‘‘46317. Interference with cabin or flight crew.’’. subsection (b) shall be limited to enforcing of title 14, Code of Federal Regulations. Federal laws relating to security on board SEC. ll02. DEPUTIZING OF STATE AND LOCAL SEC. 03. INCREASED PENALTY FOR VIOLATION aircraft in flight. OF AVIATION CONSUMER PROTEC- LAW ENFORCEMENT OFFICERS. (3) STATUS.—A State or local law enforce- TION LAWS. (a) DEFINITIONS.—In this section: ment officer that is deputized as a Deputy Section 46301(a), as amended by section 407 (1) AIRCRAFT.—The term ‘‘aircraft’’ has the United States Marshal under the program es- of this Act, is amended by adding at the end meaning given that term in section 40102. tablished under subsection (b) shall not— thereof the following: (2) AIR TRANSPORTATION.—The term ‘‘air (A) be considered to be an employee of the ‘‘(8) CONSUMER PROTECTION.—For a viola- transportation’’ has the meaning given that tion of section 41310, 41712, any rule or regu- term in section 40102. Federal Government; or lation promulgated thereunder, or any other (3) ATTORNEY GENERAL.—The term ‘‘Attor- (B) receive compensation from the Federal rule or regulation promulgated by the Sec- ney General’’ means the Attorney General of Government by reason of service as a Deputy retary of Transportation that is intended to the United States. United States Marshal in the program. afford protection to commercial air trans- (b) ESTABLISHMENT OF A PROGRAM TO DEPU- (d) STATUTORY CONSTRUCTION.—Nothing in portation consumers, the maximum civil TIZED LOCAL LAW ENFORCEMENT OFFICERS.— this section may be construed to— penalty prescribed by subsection (a) may not (1) IN GENERAL.—The Attorney General (1) grant a State or local law enforcement exceed $2,500 for each violation.’’. may— officer that is deputized under the program under subsection (b) the power to enforce SEC. 04. COMPTROLLER GENERAL INVESTIGA- (A) establish a program under which the TION. Attorney General may deputize State and any Federal law that is not described in sub- The Comptroller General of the United local law enforcement officers having juris- section (c); or States shall study the potential effects on diction over airports and airport authorities (2) limit the authority that a State or local aviation consumers, including the impact on as Deputy United States Marshals for the law enforcement officer may otherwise exer- fares and service to small communities, of a limited purpose of enforcing Federal laws cise in the capacity under any other applica- requirement that air carriers permit a that regulate security on board aircraft, in- ble State or Federal law. ticketed passenger to use any portion of a cluding laws relating to violent, abusive, or (e) REGULATIONS.—The Attorney General multiple-stop or round-trip air fare for trans- disruptive behavior by passengers of air may promulgate such regulations as may be portation independent of any other portion transportation; and necessary to carry out this section. without penalty. The Comptroller General (B) encourage the participation of law en- SEC. ll. STUDY AND REPORT ON AIRCRAFT shall submit a report, based on the study, to forcement officers of State and local govern- NOISE. the Senate Committee on Commerce, ments in the program established under sub- Not later than December 31, 2002, the Sec- Science, and Transportation and the House paragraph (A). retary of Transportation shall conduct a of Representatives Committee on Transpor- (2) CONSULTATION.—In establishing the pro- study and report to Congress on— tation and Infrastructure by June 15, 2000. gram under paragraph (1), the Attorney Gen- (1) airport noise problems in the United SEC. 05. FUNDING OF ENFORCEMENT OF AIR- eral shall consult with appropriate officials States; LINE CONSUMER PROTECTIONS. of— (2) the status of cooperative consultations (a) IN GENERAL.—Chapter 481 is amended by (A) the Federal Government (including the and agreements between the Federal Avia- adding at the end thereof the following: Administrator of the Federal Aviation Ad- tion Administration and the International October 5, 1999 CONGRESSIONAL RECORD — SENATE S12045 Civil Aviation Organization on stage 4 air- (A) The rules, regulations, policies, and nonconfidential information to the Commis- craft noise levels; and practices of the industry governing such sys- sion. (3) the feasibility of proceeding with the tems. (j) REPORT.—Not later than 6 months after development and implementation of a time- (B) How trends in such systems will affect the date on which initial appointments of table for air carrier compliance with stage 4 consumers, including— members to the Commission are completed, aircraft noise requirements. (i) the effect on consumer access to flight the Commission shall transmit to the Presi- TITLE ll—AIRLINE COMMISSION reservation information; and dent and Congress a report on the activities (ii) the effect on consumers of the use by of the Commission, including recommenda- SEC. ll01. SHORT TITLE. the airline industry of penalties and pro- tions made by the Commission under sub- This title may be cited as the ‘‘Improved motions to convince distributors to use such section (b)(2). Consumer Access to Travel Information systems, and the degree of consumer aware- (k) TERMINATION.—The Commission shall Act’’. ness of such penalties and promotions. terminate on the 30th day following the date ll SEC. 02. NATIONAL COMMISSION TO ENSURE (d) MEMBERSHIP.— of transmittal of the report under subsection CONSUMER INFORMATION AND (1) APPOINTMENT.—The Commission shall CHOICE IN THE AIRLINE INDUSTRY. (j). All records and papers of the Commission be composed of 15 voting members and 11 shall thereupon be delivered by the Adminis- (a) ESTABLISHMENT.—There is established a nonvoting members as follows: commission to be known as the ‘‘National trator of General Services for deposit in the (A) 5 voting members and 1 nonvoting Commission to Ensure Consumer Informa- National Archives. member appointed by the President. tion and Choice in the Airline Industry’’ (in (l) APPLICABILITY OF THE FEDERAL ADVI- (B) 3 voting members and 3 nonvoting SORY OMMITTEE CT this section referred to as the ‘‘Commis- C A .—The Federal Advisory members appointed by the Speaker of the sion’’). Committee Act (5 U.S.C. App.) shall not House of Representatives. apply to the Commission. (b) DUTIES.— (C) 2 voting members and 2 nonvoting On page 162, before line 15, insert the fol- (1) STUDY.—The Commission shall under- take a study of— members appointed by the minority leader of lowing: (A) consumer access to information about the House of Representatives. (3) CONFORMING AMENDMENT.—Section the products and services of the airline in- (D) 3 voting members and 3 nonvoting 41714(a)(3) is amended by adding at the end dustry; members appointed by the majority leader of thereof the following: The 132 slot cap under (B) the effect on the marketplace of the the Senate. this paragraph does not apply to exemptions emergence of new means of distributing such (E) 2 voting members and 2 nonvoting or slots made available under section 41718.’’. products and services; members appointed by the minority leader of f the Senate (C) the effect on consumers of the declin- NOTICES OF HEARINGS ing financial condition of travel agents in (2) QUALIFICATIONS.—Voting members ap- the United States; and pointed under paragraph (1) shall be ap- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC (D) the impediments imposed by the air- pointed from among individuals who are ex- PRESERVATION, AND RECREATION line industry on distributors of the indus- perts in economics, service product distribu- Mr. THOMAS. Mr. President, I would tion, or transportation, or any related dis- try’s products and services, including travel like to announce for the information of agents and Internet-based distributors. cipline, and who can represent consumers, passengers, shippers, travel agents, airlines, the Senate and the public that the (2) POLICY RECOMMENDATIONS.—Based on hearing originally scheduled for Tues- the results of the study described in para- or general aviation. graph (1), the Commission shall recommend (3) TERMS.—Members shall be appointed for day, October 12, 1999, at 2:30 p.m., be- to the President and Congress policies nec- the life of the Commission. fore the Subcommittee on National essary to— (4) VACANCIES.—A vacancy in the Commis- Parks, Historic Preservation, and (A) ensure full consumer access to com- sion shall be filled in the manner in which Recreation of the Committee on En- plete information concerning airline fares, the original appointment was made. ergy and Natural Resources has been (5) TRAVEL EXPENSES.—Members shall routes, and other services; rescheduled for Wednesday, October 13, (B) ensure that the means of distributing serve without pay but shall receive travel ex- penses, including per diem in lieu of subsist- 1999, at 2:30 p.m., in room SD–366 of the the products and services of the airline in- Dirksen Senate Office Building in dustry, and of disseminating information ence, in accordance with subchapter I of about such products and services, is ade- chapter 57 of title 5, United States Code. Washington, DC. quate to ensure that competitive informa- (6) CHAIRPERSON.—The President, in con- For further information please con- tion is available in the marketplace; sultation with the Speaker of the House of tact Jim O’Toole or Cassie Sheldon of (C) ensure that distributors of the products Representatives and the majority leader of the committee staff at (202) 224–6969. the Senate, shall designate the Chairperson and services of the airline industry have ade- COMMITTEE ON ENERGY AND NATURAL quate relief from illegal, anticompetitive of the Commission (referred to in this title as the ‘‘Chairperson’’) from among its voting RESOURCES practices that occur in the marketplace; and Mr. MURKOWSKI. Mr. President, I (D) foster healthy competition in the air- members. (e) COMMISSION PANELS.—The Chairperson line industry and the entry of new entrants. would like to announce for the infor- shall establish such panels consisting of vot- (c) SPECIFIC MATTERS TO BE ADDRESSED.— mation of the Senate and the public ing members of the Commission as the In carrying out the study authorized under that the legislative hearing scheduled Chairperson determines appropriate to carry subsection (b)(1), the Commission shall spe- for 9:30 a.m., on October 26, 1999, before out the functions of the Commission. cifically address the following: (f) STAFF.—The Commission may appoint the Energy and Natural Resources (1) CONSUMER ACCESS TO INFORMATION.— and fix the pay of such personnel as it con- Committee to receive testimony on S. With respect to consumer access to informa- siders appropriate. 882, a bill to strengthen provisions in tion regarding the services and products of- (g) STAFF OF FEDERAL AGENCIES.—Upon re- the Energy Policy Act of 1992 and the fered by the airline industry, the following: quest of the Commission, the head of any de- (A) The state of such access. Federal Nonnuclear Energy Research partment or agency of the United States and Development Act of 1974 with re- (B) The effect in the 5-year period fol- may detail, on a reimbursable basis, any of lowing the date of the study of the making of the personnel of that department or agency spect to potential climate change has alliances in the airline industry. to the Commission to assist it in carrying been cancelled. (C) Whether and to what degree the trends out its duties under this section. For further information, please call regarding such access will produce benefits (h) OTHER STAFF AND SUPPORT.—Upon the Kristin Phillips, Staff Assistant or Col- to consumers. request of the Commission, or a panel of the leen Deegan, Counsel, at (202) 224–8115. (2) MEANS OF DISTRIBUTION.—With respect Commission, the Secretary of Transpor- f to the means of distributing the products tation shall provide the Commission or panel and services of the airline industry, the fol- with professional and administrative staff AUTHORITY FOR COMMITTEES TO lowing: and other support, on a reimbursable basis, MEET (A) The state of such means of distribu- to assist the Commission or panel in car- tion. rying out its responsibilities. COMMITTEE ON ARMED SERVICES (B) The roles played by travel agencies and (i) OBTAINING OFFICIAL DATA.—The Com- Mr. MCCAIN. Mr. President, I ask Internet-based providers of travel informa- mission may secure directly from any de- unanimous consent that the Com- tion and services in distributing such prod- partment or agency of the United States in- mittee on Armed Services be author- ucts and services. formation (other than information required ized to meet at 9:30 a.m., on Tuesday, (C) Whether the policies of the United by any statute of the United States to be October 5, 1999, in closed session, to re- States promote the access of consumers to kept confidential by such department or multiple means of distribution. agency) necessary for the Commission to ceive testimony from Department of (3) AIRLINE RESERVATION SYSTEMS.—With carry out its duties under this section. Upon Energy and Intelligence Community respect to airline reservation systems, the request of the Commission, the head of that witnesses on the Comprehensive Test following: department or agency shall furnish such Ban Treaty. S12046 CONGRESSIONAL RECORD — SENATE October 5, 1999 The PRESIDING OFFICER. Without which the lands are situated for the The arrival of the Baltimore and objection, it is so ordered. benefit of the public schools, roads, Ohio Railroad in 1851 triggered a COMMITTEE ON FOREIGN RELATIONS emergency and other public purposes; growth spurt in Oakland. Business and Mr. MCCAIN. Mr. President, I ask to encourage and provide a new mecha- tradesmen frequented the newly built unanimous consent that the Com- nism for cooperation between counties Glades Hotel and more people moved to mittee on Foreign Relations be author- and the Forest Service and the Bureau the town. In 1862, Oakland incorporated ized to meet during the session of the of Land Management to make nec- a regular town government and in 1872 Senate on Tuesday, October 5, 1999, at essary investments in federal lands, Oakland was selected as the County 10:30 a.m., to hold a hearing. and reaffirm the positive connection Seat of the newly formed Garrett The PRESIDING OFFICER. Without between Federal Lands counties and County. The B&O Railroad continued objection, it is so ordered. Federal Lands; and for other purposes. its influence on the growth of the town The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE with its construction of the Oakland objection, it is so ordered. Mr. MCCAIN. Mr. President, I ask Hotel in 1875. The hotel attracted many unanimous consent that the Select SUBCOMMITTEE ON HOUSING AND summer visitors, several of whom later TRANSPORTATION Committee on Intelligence be author- built summer homes in Oakland. Mr. MCCAIN. Mr. President, I ask Tragedy has struck Oakland more ized to meet during the session of the unanimous consent that the Sub- Senate on Tuesday, October 5, 1999, at than once, and each time the town committee on Housing and Transpor- bounced back. The Wilson Creek flood- 2:30 p.m., to hold a closed hearing on tation of the Committee on Banking, intelligence matters. ed in 1896 and periodically over the Housing, and Urban Affairs be author- next 70 years before a series of dams The PRESIDING OFFICER. Without ized to meet during the session of the objection, it is so ordered. built in the late 1960s controlled the Senate on Tuesday, October 5, 1999, to flooding. A devastating fire destroyed SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT conduct a hearing on S. 1452, the Manu- AND THE COURTS the business section of Oakland in 1898. factured Housing Improvement Act. The town used brick fire walls when re- Mr. MCCAIN. Mr. President, the Com- The PRESIDING OFFICER. Without mittee on the Judiciary, Sub- building the downtown area, a far- objection, it is so ordered. sighted decision which paid off in 1994 committee on Administrative Over- f sight and the Courts, requests unani- when fire struck again. This time only mous consent to conduct a hearing on ADDITIONAL STATEMENTS two buildings were destroyed. Tuesday, October 5, 1999, beginning at Natural resources and beauty have 10 a.m., in Dirksen Room 226. long contributed to Oakland’s economy COMMEMORATION FOR THE TOWN and continue to do so today. The lum- The PRESIDING OFFICER. Without OF OAKLAND, MARYLAND objection, it is so ordered. ber industry, which began in the late Ms. MIKULSKI. Mr. President, I rise 1800s, still provides jobs in Oakland. SUBCOMMITTEE ON AFRICAN AFFAIRS ∑ to extend my sincerest congratulations Coal, another natural resource, is Mr. MCCAIN. Mr. President, I ask to the town of Oakland, Maryland, as it found in the mountains near Oakland unanimous consent that the Sub- enters its Sesquicentennial Year on Oc- and adds to the economy of the town. committee on African Affairs of the tober 10, 1999. Oakland, the county seat And Oakland’s natural beauty, which Committee on Foreign Relations be au- of Garrett County, enjoys a long and drew visitors to the Oakland Hotel in thorized to meet during the session of proud history in the State of Maryland. 1875, continues to attract people from the Senate on Tuesday, October 5, 1999, Nestled in the Appalachian Moun- all over the country seeking not only at 2:45 p.m., to hold a hearing. tains, Oakland is blessed with a nat- its beautiful vistas, but also its myriad The PRESIDING OFFICER. Without ural beauty all four seasons, from of recreational opportunities all year objection, it is so ordered. snowy hills in winter to pastel flowers round. Today, visitors to Oakland can SUBCOMMITTEE ON CLEAN AIR, WETLANDS, in spring to lush foliage in summer to choose from a variety of activities in- PRIVATE PROPERTY, AND NUCLEAR SAFETY gorgeous red, orange and gold trees in cluding hiking, biking, fishing, boating Mr. MCCAIN. Mr. President, I ask autumn. Even Oakland’s early name, and skiing. unanimous consent that the Sub- ‘‘Yough Glades,’’ conjures up images of The town of Oakland reminds us of committee on Clean Air, Wetlands, Pri- river and forest, natural beauty and all that is good in our country. Oak- vate Property, and Nuclear Safety be abundant resources. land is a place where fire and rescue granted permission to conduct a hear- Oakland’s rich history tells a story of services are still staffed by volunteers, ing Tuesday, October 5, 9:30 a.m., hear- a small farming community which where folks greet each other with a ing room (SD–406), on the Environ- grew with the opening of the first saw- friendly wave and hello, where people mental Protection Agency’s Blue Rib- mill, expanded with the arrival of the work together to support their schools bon Panel findings on MTBE. railroad and continues to grow with old and community, and where patriotism The PRESIDING OFFICER. Without and new livelihoods alike, all the while runs deep. In so many ways, Oakland is objection, it is so ordered. treasuring those qualities which make truly a ‘‘Main Street Community,’’ as SUBCOMMITTEE ON FOREST AND PUBLIC LAND it special—beauty, peacefulness and the State of Maryland has so fittingly MANAGEMENT small town charm. designated it. Mr. MCCAIN. I ask unanimous con- ‘‘A Brief History of Oakland, Mary- Once again, I extend my congratula- sent that the Subcommittee on Forests land’’ by John Grant describes the peo- tions to Oakland on their 150th anni- and Public Land Management of the ple, forces and events which shaped the versary and I invite all my colleagues Committee on Energy and Natural Re- town of Oakland. Three Indian trails to visit this Maryland treasure.∑ sources be granted permission to meet met in a meadow on the western edge f during the session of the Senate on of Oakland and formed an entrance Tuesday, October 5, for purposes of into the Yough Glades where Native TRIBUTE TO ALBERT ENGELKEN conducting a Subcommittee on Forest Americans hunted in the forest and ∑ Mr. STEVENS. Mr. President, for 28 and Public Lands Management hearing fished in the Youghiogheny River for years Albert Engelken was the man be- which is scheduled to begin at 2:30 p.m. hundreds and hundreds of years. White hind the scenes at the American Public The purpose of this hearing is to re- settlers followed in the 1790s as the fer- Transit Association (APTA), a Wash- ceive testimony on S. 1608, a bill to tile soil in ‘‘Glades″ country attracted ington-based member organization ad- provide annual payments to the States more and more farmers. vancing and representing the interests and counties from National Forest Sys- Around 1830, the first combination of public transit systems and industry tem lands managed by the Forest Serv- gristmill and sawmill provided lumber suppliers across North America. ice, and the revested Oregon and Cali- for the homes and shops in the growing He was the creative force for the vast fornia Railroad and reconveyed Boos community. On October 10, 1849, the majority of APTA’s ‘‘People Pro- Bay Wagon Road grant lands managed town which had been known by several grams,’’ including the innovative Inter- predominately by the Bureau of Land different names including Yough national Bus Roadeo, where drivers and Management, for use by the counties in Glades became ‘‘Oakland.’’ mechanics compete in events that test October 5, 1999 CONGRESSIONAL RECORD — SENATE S12047 their skills at operating and maintain- IN RECOGNITION OF JOAN She attended the Utah Agricultural ing public transit vehicles. His efforts FLATLEY College (now Utah State University) at this endeavor also spawned the ∑ Mr. TORRICELLI. Mr. President, I where she met her husband Victor Eu- equally competitive International Rail rise today to recognize an outstanding gene Israelsen. They were married in Roadeo. woman in the State of New Jersey. the Salt Lake LDS Temple in 1917. Albert Engelken was the originator Joan Flatley is being honored with the After college, she and her husband of ‘‘Transit Appreciation Day,’’ which prestigious Spirit of Asbury Award for farmed, eventually establishing the later became ‘‘Try Transit Week,’’ an her activism and commitment to the North Logan Buttercup Dairy where annual fixture that encourages people Asbury Park community. Joan is re- she lived for 63 years. That dairy be- to ride public transit, and salutes those cently retired as the Executive Direc- came a landmark in Cache Valley. Eva was known throughout Cache who make the systems work. His cre- tor of the Asbury Park Chamber of Valley simply as ‘‘Grandma Israelsen.’’ ativity also extended to judging and se- Commerce, and her legacy in the com- She kept numerous journals and grant- lecting those systems that dem- munity will be felt for years to come. For over twelve years, John used her ed countless interviews to young peo- onstrated excellence in transit adver- ple in the community who sought her tising, a program now known as depth of knowledge and breadth of ex- perience to contribute to the successful out for her perspective and historical ‘‘AdWheel,’’ an important event held at knowledge. She remained active in her the Association’s annual meeting. functioning of the Chamber. It is through her effort that the Chamber community and her church throughout Albert Engelken’s education pro- became a dynamic force in the Asbury her life. With support from her chil- grams developed transit information Park business community, and the dren, she attended nearly every fu- modules for thousands of grade school State of New Jersey as a whole. Joan neral, wedding and baby blessing in the teachers throughout the United States. has been the main force behind the community. She was active in the And, until his retirement in 1997, Al- Chamber’s development and growth. Daughters of the Utah Pioneers and bert Engelken produced the American She has consistently been receptive to blessed the lives of her neighbors Public Transit Association’s Grant the community’s need, and has re- through her charitable example and Awards Ceremony, an event that hon- sponded to them under the auspices of her Christian life. Grandma Israelsen had a remarkable ors transit systems, individuals, and the Chamber. The Chamber is now a re- memory, often recalling details about achievements in the public transit in- spected source of information, both in not only her own family members and dustry. Asbury Park and across the country, grandchildren but of the families of her That ceremony continues today, and for business and community events. neighbors and acquaintances. It was while lacking the unique skills Albert Without Joan’s unyielding commit- common for her to ask her neighbors brought to directing the national and ment, the Chamber’s development about their children by name, even local arrangements that publicized the would not have been as pronounced. though she may not have seen them for winners, the ceremony this year will Joan’s continued and unwavering years. The residents of North Logan honor him by electing him to the pres- service to the people of Asbury Park is will miss that, just as they miss tigious APTA Hall of Fame. indicative of her love of the commu- waiving to her on her morning walks nity in which she lives. Whether she He was also the long-time editor of which she used to take back when she was giving out travel information, the Association’s ‘‘Passenger Trans- was a young woman of just 101. port’’ weekly newspaper, and directed sending out newsletters or organizing a She and her husband had eleven chil- the industry’s successful communica- business meeting, Joan met every task dren, eight of which are living. Her tions strategy in the important forma- with an unbridled enthusiasm and husband Victor passed away in 1967. tive years of the federal transit pro- pleasantness that made the community Her progeny includes 67 grandchildren, gram. Over his entire career with around her a better place to live. In- 271 great-grandchildren and 40 great- APTA, Albert’s behind-the-scenes deed it is a testament to her service great grandchildren. Including the 97 work—from speechwriting to the or- that New Jerseyans from every walk of spouses, she is survived by 483 family chestration of presentations and the life from across the state have come to members. stage management of events—were celebrate the end of her distinguished Grandma Israelsen would have been critical to the success of APTA’s mem- career. 105 years old today. So on her birthday, ber programs and the smooth func- Joan’s dedication to community I want to pay tribute to her life and ex- tioning of APTA’s many conferences. service has always been clear, and the press my condolences to her family on people of Asbury Park have benefitted her passing. She was a remarkable Albert is known by his family, col- from her involvement. I can think of woman who led a remarkable life. leagues, and peers as a person who few individuals more worthy of this Sophocles once said ‘‘One must wait would always go the extra mile to help distinguished award than Joan Flatley, until the evening to see how splendid them out. No task was too small or too and I am pleased to extend my con- the day has been.’’ In her passing, I am complicated to be turned away. He is a gratulations to her.∑ sure that the community agrees that it gentleman, trusted friend, and caring f was indeed splendid to spend the day confidant. Yet he has never sought the with Eva Israelsen.∑ spotlight not taken a bow over his IN HONOR OF EVA B. ISRAELSEN f work in public transit and APTA. ∑ Mr. BENNETT. Mr. President, I was Those are just some of the reasons to sad to learn of the death of Mrs. Eva TRIBUTE TO JAMES ARTHUR GAY honor Albert Engelken, Mr. President. Israelsen of North Logan, Utah this III At work and in the community he has past week. As one of Cache Valley’s ∑ Mr. REID. Mr. President, I rise today touched thousands of lives, and made oldest living residents, she was a re- to pay tribute to James Arthur Gay III, life safer and easier for hundreds of markable woman. a pioneer black civic leader from Las thousands of transit users and pro- Eva May Butler Israelsen was born Vegas. Through his tireless efforts, he viders across our nation. October 5, 1894, in Butlerville, Utah. was instrumental in the fight to deseg- She attended Butlerville School as a regate . Jimmy Gay was one He is a also great family man. His young girl. A diligent student through- of the first black hotel executives in wife Betsy, children Jane, Elizabeth out her life, she was Valedictorian of Las Vegas in the 1950s at a time when and Richard and their spouses, and his the first graduating class of Jordan his longtime friends Sammy Davis Jr., five grandchildren can certainly attest High School in 1915. I find it remark- Nat ‘‘King’’ Cole and others were not to that. able that just nine years ago, she and allowed to stay overnight in strip ho- Mr. President, I join them and his the other surviving class member, tels. colleagues in congratulating Albert Thomas J. Parmley celebrated their Mr. Gay was one of the best known Engelken for a job well done, and in ap- 75th class reunion. In 1991 she was in- and respected local black leaders of his plauding his induction into the Amer- vited to be the featured speaker at Jor- generation. Among his accomplish- ican Public Transit Hall of Fame.∑ dan High School’s graduation. ments are many ‘‘firsts’’. He was the S12048 CONGRESSIONAL RECORD — SENATE October 5, 1999 first black to obtain a mortician’s li- It was once written that ‘‘Some peo- better health care system, increased cense in the state of Nevada, the first ple walk through our life and leave employment for the disabled and an ex- black to be appointed to the Nevada after a few seconds. Others come in and panded network of family support serv- Athletic Commission, and the first stay there for a very long time leaving ices. By demanding that government black in the United States to be cer- marks that will never be forgotten.’’ define, seek, and evaluate its efforts, tified as a water safety instructor by Jimmy Gay is one of those whose leg- Con has set a new example for public the Red Cross. He also was a national acy will remain for the countless Ne- service in Vermont and the country. record holder in the 100-yard dash and vadans whose journey will be easier be- More Vermont children have health an alternate on the 1936 U.S. Olympic cause of his pioneering efforts. Las care coverage, and have had it for track team. Vegas is a better place because Jimmy longer, than almost any state in the Born in Fordyce, Arkansas in 1916, Gay went above and beyond to advance country. The state is offering more Jim was the youngest of three chil- the cause of social justice. The best one home and community based care op- dren. When he was just 3 years old, Jim can hope for life is to make a difference tions for the elderly and disabled. Dis- was orphaned. Beginning his experience with their time on earth. There is no abled Vermonters are working and, with work at age 7 as a house boy, Jim doubt that Jimmy Gay made a tremen- thereby, supporting themselves and developed a strong commitment to dous difference. their families. Con Hogan’s ultimate work at an early age. He moved to Las On September 10, 1999 at the age of 83 legacy will be the thousands of lives Vegas in 1946 as a college-educated man Jimmy Gay died of complications of a that have been directly touched by the having earned his degree from the Uni- stroke. He will be missed but will re- work of the Agency of Humans Serv- versity of Arkansas. Although he was main one of the most admired and re- ices under his stewardship. educated and ambitious, getting a job spected local Las Vegas leaders to have He, of course, will describe his work in Las Vegas was virtually impossible graced the city. This U.S. Senator is a as collaborative and the consequence of at the time. He started out as a cook at others’ good will and efforts. He is Sills Drive-In, a popular restaurant in better person because of the friendship he enjoyed with Jimmy Gay and Ne- right, as he has led efforts to open gov- the area of Charleston and Las Vegas ernment to the ideas, hopes, and infor- Boulevard working hard to prove him- vada is a better state because of his lifelong effort to ensure equality for mation from citizens, industry and self. In the late 1940s, people became business. He has fostered a real public all.∑ aware of Jimmy’s many talents. Jim’s debate about the well-being of f first break in Las Vegas came when the Vermonters and the responsibilities of city opened the Jefferson Recreation TRIBUTE TO CORNELIUS HOGAN government and its citizens to partici- Center in West Las Vegas. He was hired pate, evaluate, and dream for better as the Director and among other things ∑ Mr. JEFFORDS. Mr. President, it gives me great pleasure to stand before things. also coached football, swimming and Secretary Hogan’s vision is alive and basketball. His break in business came my esteemed colleagues and speak of my good friend, Cornelius Hogan, who full of vibrant change. Con has changed when he was hired as the Sands hotel- our ways of thinking. He is the master- casino Director of Communications is retiring as Secretary of the Vermont Agency of Human Services. His work in mind of dozens of partnerships in which which was one of the highest posts held human services providers now collabo- by a black at that time. During this pe- leading state government to improve the well-being of Vermonters stands as rate with others in state and local gov- riod, the Sands was one of the Las ernments, and communities to deliver Vegas Strips finest. a example for us all. The Vermont Agency of Human Serv- locally-based services. Con recognizes In 1941, Jimmy married Hazel Gloster and encourages citizen participation as and together they raised a family of ices includes the departments of Social Welfare, Corrections, Social and Reha- essential to this process. He has con- five children, 10 grand-children and 17 vinced service providers that they great-grandchildren. Always finding bilitation Services, Mental Health, Al- cohol and Drug Abuse, Aging and Dis- should listen to real people - that the time for his community, he was an ac- child, the elder or the youth needs to tive member of the executive board of abilities. Secretary Hogan has not only administered these vital services be the center of their concerns. the NAACP. He also was active in local Over the last several weeks, many through extraordinary changes, but has politics serving as a member of the Vermonters have written to their local provided outstanding leadership, recog- Clark County Democratic Central papers, touting Con Hogan’s work as nized throughout the Nation. This Committee and on the executive board Secretary. Con has significantly agency, with the State’s largest budg- of Culinary Local 226. changed thousands of Vermonters Jimmy discovered the world of the et, must have a human face in its ef- lives, both through policy and through hotel industry and opened opportuni- forts to improve the lives of his own untiring advocacy. The results ties for many. Over the years, Jimmy Vermonters. Con Hogan is that face. have impressed his colleagues and served as an executive at the Sands, Secretary Hogan has served as friends alike. Union Plaza, Fremont, Aladdin and Vermont’s Secretary of Human Serv- I was moved when I read a com- Silverbird hotels. He earned the respect ices since 1991 when then-Governor mentary in the Burlington Free Press of many for his tireless efforts and his Richard Snelling enticed him back into by my good friend, David S. Wolk, Su- love for the city of Las Vegas. public service from his successes in the perintendent of Schools in Rutland Deservingly, the state of Nevada has private sector. Previously, Hogan City. David pointed out that it was Con honored Jimmy Gay by naming him a served as Commissioner of Corrections. Hogan’s success in the private and pub- Distinguished Nevadan in 1988 and a Throughout his eight year tenure, few years before, the city of Las Vegas lic sectors, as well as his impeccable Con has been remarkably effective and reputation as both a manager and a named a park after him. In 1985, the always gracious in his approach to city of Las Vegas and the state of Ne- leader, that led then-Governor Snelling each challenge. When Vermonters in to appoint him as the state’s premier vada honored him with ‘‘Jimmy Gay need have a problem, Con has been the Day.’’ For his civic efforts, Jimmy was advocate for Vermonters in need. person that folks turned to when all David aptly notes that Con’s relent- named Las Vegas Jaycees Man of the else had failed. As Chris Graff, a less advocacy has been coupled with his Year in 1952 and received a City of Vermont journalist, noted: unique capacity to reach out to the Hope commendation in 1959. On numer- Hogan is a legend. And for the past eight wider community. His strong and effec- ous occasions he was named NAACP years, when people knew that Con Hogan was Man of the year. His contributions tive leadership has presented impor- coming, they had hope. And confidence. Con- tant dualities: have not only left a lasting impression fidence that whatever the trouble, whatever on many, but also served as an inspira- the problem, whatever the need, someone Con Hogan could have remained in the pri- vate sector to seek his fortune and fame. In- tion to generations of young people who cared deeply would do what ever it took to help. stead, he offered a selfless contribution to growing up in Nevada. Over the years, public service, an emphasis on account- Jimmy helped many deserving black As a result of Con’s work, Vermont ability with measurable outcomes and an im- students receive scholarships to his families and communities have im- pressive brand of leadership, combining pres- alma mater. proved educational opportunities, a sure and support, characterized by candor October 5, 1999 CONGRESSIONAL RECORD — SENATE S12049 and courage. . .. If the ultimate goal of the tience on that. Also, I think he and I I further ask unanimous consent consummate public citizen is to improve our both agree that we want to advise that, on Wednesday, immediately fol- collective lot, and to enjoy the privilege of Members on both sides of the aisle and lowing the prayer, the journal of the making one’s personal mark on Vermont’s all concerned that we are discussing proceedings be approved to date, the well-being, then no other public citizen called to service in our wonderful state has how to proceed with the vote that is morning hour be deemed expired, the achieved that pinnacle more than Cornelius now in place on the Comprehensive time for the two leaders be reserved for D. Hogan of Plainfield. Test Ban Treaty. their use later in the day, and the Sen- After we discussed our concerns On a personal note, I have enjoyed ate then resume debate on S. 1650, the about how and when to proceed on witnessing Con’s talents, not only in Labor-HHS Appropriations bill. that, then there started to be a lot of public service but on the stage, as an The PRESIDING OFFICER. Without speculation on both sides of the aisle accomplished bluegrass musician. objection, it is so ordered. and all around town. I think it is im- Con’s passion and zeal for life is evi- f portant for Members to just calm down dent in all that he does. and relax. We need to have the ability PROGRAM Mr. President, I’m sure I could stand to communicate with each other and Mr. LOTT. Mr. President, for the in- here all day, and regale my colleagues think about what is in the best interest formation of all Senators, we will begin with stories and tributes to this re- of the Senate and our country and at 9:30 on this important legislation. markable man and still, Con’s con- weigh all of the evidence that is now The pending amendment is the Nickles tribution would not be described ade- available to us. quately. For us to thoroughly under- We do have a unanimous consent amendment regarding the Social Secu- stand the impacts of his sage and ex- agreement that we will proceed to this rity trust fund. It is hoped that this emplary leadership, the outcomes of issue, and we will have a vote after the and remaining amendments can be de- Con Hogan’s service to Vermonters will requisite number of hours, probably on bated and disposed of in a timely fash- need to be measured far into the new the 12th, or perhaps the morning of the ion so that action on the bill can be millennium. 13th before we get to final passage. completed no later than Thursday I join my fellow Vermonters in offer- Nothing more than that has been done. evening. ing my most heartfelt congratulations We will have to work through this, Therefore, I ask Senators to work and gratitude to Con Hogan for his and we will certainly have to work with the bill managers to Schedule a years of public service, and I wish him with our respective caucuses and the time to offer their amendments. Sen- all the best in his new endeavors.∑ White House, because this is a very im- ators should be aware that rollcall f portant national security and foreign votes will occur throughout the day on policy issue, and we will also have to Wednesday and on Thursday. This MEASURE READ THE FIRST be involved in the consideration in how week, we also expect to handle the Ag- TIME—S. 1692 we proceed on this issue. riculture Appropriations conference re- Mr. CRAPO. Mr. President, I under- I think that is what we need to say at port. I understand that some time for stand that S. 1692, which was intro- this point. Nothing beyond that has debate or discussion on that conference duced earlier today by Senator been agreed to, suggested, or called for report will be required. We will work to SANTORUM, is at the desk. I therefore by the President, or by any Senator, find a window to do that. If the House ask for its first reading. and all we are trying to do is commu- should approve the Foreign Operations The PRESIDING OFFICER. The nicate and see if we are proceeding in conference report later today or tomor- clerk will report the bill by title. the best interests of all concerned. row, then we will look for an oppor- The legislative clerk read as follows: Would the Senator like to add to tunity to also take that up. A bill (S. 1692) to amend Title 18, United that? f States Code, to ban partial-birth abortions. Mr. DASCHLE. Mr. President, I agree with the characterization made just Mr. CRAPO. Mr. President, I now ask ADJOURNMENT UNTIL 9:30 A.M. now by the majority leader. I think all for the bill’s second reading, and on be- TOMORROW we can do is continue to discuss the half of Members of the other side of the Mr. LOTT. Mr. President, if there is matter to see if we might proceed in a aisle, I object to my own request. no further business to come before the way that would accommodate the con- The PRESIDING OFFICER. Objec- Senate, I ask unanimous consent that cerns and needs of both caucuses. I the Senate stand in adjournment under tion is heard. think what the majority leader said, the previous order. Mr. CRAPO. Mr. President, I suggest especially about rumors, and how all There being no objection, the Senate, the absence of a quorum. this began is irrelevant. In fact, the at 6:32 p.m., adjourned until Wednes- The PRESIDING OFFICER. The more rumors, the more this matter is day, October 6, 1999, at 9:30 a.m. clerk will call the roll. exacerbated. If we really want to try to The legislative clerk proceeded to proceed successfully, we need to quell f call the roll. the rumors and get on with trying to CONFIRMATIONS Mr. LOTT. Mr. President, I ask unan- talk with dispassionate voices and imous consent that the order for the make sure we make the right decisions. Executive nominations confirmed by quorum call be rescinded. We are prepared to do that, and I know the Senate October 5, 1999: The PRESIDING OFFICER. Without the majority leader is prepared to do THE JUDICIARY objection, it is so ordered. that. That is all that needs to be said RAYMOND C. FISHER, OF CALIFORNIA, TO BE UNITED f at this time. STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. BRIAN THEADORE STEWART, OF UTAH, TO BE UNITED COMPREHENSIVE TEST BAN f STATES DISTRICT JUDGE FOR THE DISTRICT OF UTAH. TREATY ORDERS FOR WEDNESDAY, f Mr. LOTT. Mr. President, I appre- OCTOBER 6, 1999 REJECTION ciate the fact that the Democratic Mr. LOTT. Mr. President, I ask unan- Executive nomination rejected by leader is still here. I know he had ur- imous consent that when the Senate the Senate on October 5, 1999: gent meetings he had to go to. We completes its business today, it ad- needed to get that final recorded vote RONNIE L. WHITE, OF MISSOURI, TO BE UNITED STATES journ until 9:30 a.m., Wednesday, Octo- DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MIS- and pass that bill. I appreciate his pa- ber 6. SOURI.