S12228 CONGRESSIONAL RECORD Ð SENATE October 3, 1996 reauthorization conference report, and Yuma Intl. Airport, AZÐCargo apron ex- pass the legislation in an expeditious as a result of that delay we have pansion, cargo security, new terminal, en- manner. threats to radar, air traffic control hanced security for new terminal. I yield the floor, Mr. President. I ask equipment, navigation equipment, Scottsdale Airport, AZÐAircraft rescue for the yeas and nays. and firefighting vehicle and fire station ($1.2 landing systems equipment that rem- million). The PRESIDING OFFICER. The edies air traffic control outages, Dopp- Phoenix Sky Harbor Intl. Airport, AZÐ Chair wishes to advise the distinguish ler radar for wind shear, research and Construction of 3rd runway and residential leader that under rule XXII the yeas development, advancement of explosive soundproofing. and nays are automatic. detection systems, human factor re- San Bernardino County-Chino Airport, Mr. LOTT. I thank the Chair. CAÐNew runway construction ($10 million). search, aging aircraft. f This is big. This is important legisla- Buchanan Airport, CAÐTaxi-ways and tion, and it is, over 2 years, $19 billion aprons near total failure ($5 million). CLOTURE MOTION for infrastructure security and safety. Oxnard Airport, CAÐReplace aircraft res- cue and firefighting vehicles ($247,000). The PRESIDING OFFICER. The This would be a senseless roll of the Greely-Weld County Airport, COÐCon- clerk, under the previous order, will re- dice, if we did not invoke cloture this struction of new runway ($32 million). port the motion to invoke cloture. morning, bring this filibuster to a con- Boulder Municipal Airport, COÐSecurity The assistant legislative clerk read clusion and move this legislation on lighting. as follows. through. Mr. LOTT. I also ask unanimous con- I remind my colleagues the House sent that an explanation of the fact CLOTURE MOTION has already acted responsibly, over- that this is a technical point be printed We, the undersigned Senators, in accord- ance with rule XXII of the Standing Rules of whelmingly moved this legislation, and in the RECORD. they are gone. What would be the situ- There being no objection, the mate- the Senate, do hereby move to bring to a ation if we did not bring this filibuster close debate on the conference report to ac- rial was ordered to be printed in the company H.R. 3539, the Federal Aviation Re- to a conclusion this morning? We RECORD, as follows: authorization bill: would not have any legislation, or if we FACT SHEETÐCONFERENCE REPORT TO ACCOM- Trent Lott, Don Nickles, Strom Thur- had legislation that made changes it PANY H.R. 3539, THE FEDERAL AVIATION AU- mond, Jon Kyl, Judd Gregg, Slade Gor- would go back to the House and there THORIZATION OF 1996 ton, Paul D. Coverdell, Frank H. Mur- is great concern about when or if they A provision is contained in the Conference kowski, Craig Thomas, Harry Reid, would be able to get action on this leg- Report to accompany H.R. 3539 which makes Wendell Ford, Conrad Burns, Kay Bai- islation. We should act together this a technical correction to a drafting error ley Hutchison, John Breaux, Tom morning and end this filibuster and which was contained in the Interstate Com- Daschle, Arlen Specter. pass this legislation. merce Commission Termination Act of 1995. f Now, one other point. I do not under- The following outlines the problem, the stand the attacks on Federal Express. facts and the solution: CALL OF THE ROLL This is an outstanding company headed PROBLEM The PRESIDING OFFICER. By unan- by an outstanding individual. They are A drafting error in the Interstate Com- imous consent, the quorum has been providing services that 30 years ago we merce Commission Termination Act of 1995 waived. (P.L. 104±88) created an ambiguity affecting could not even comprehend. They are VOTE doing a great job, and yet they are the status of express carriers under the Rail- way Labor Act. The PRESIDING OFFICER. The being attacked as if they are some sort One provision (Sec. 10501) states the intent question is, Is it the sense of the Sen- of villain. It is absolutely wrong, the of Congress: ``the enactment of the ICC Ter- ate that debate on the conference re- rhetoric we have had to listen to over mination Act of 1995 shall neither expand or port accompanying H.R. 3539, an act to the past 3 days on a technical point. contract coverage of the employees and em- amend title 49, United States Code, to Mr. President, I ask unanimous con- ployers by the Railway Labor Act. .'' reauthorize programs of the Federal sent that a list of what is involved in However, a second provision drops ``express carriers'' under the Railway Labor Act. This Aviation Administration shall be this legislation be printed in the brought to a close? The yeas and nays RECORD. was clearly inadvertent and in contradiction are automatic under rule XXII. The There being no objection, the mate- to the stated intent of Congress. clerk will call the roll. rial was ordered to be printed in the FACTS The legislative clerk called the roll. RECORD, as follows: Since the inception of the Railway Labor Mr. NICKLES. I announce that the HIGHLIGHTS OF FAA REAUTHORIZATION Act, ``express carriers'' have come under the Senator from Indiana [Mr. COATS], is CONFERENCE REPORT (H.R. 3539) law's jurisdiction. The Railway Labor Act is designed to pro- Reauthorization of FAAÐFY 1997, $9.7 bil- necessarily absent. tect the interests of employees covered by lion; FY 1998, $9.9 billion. I also announce that the Senator that Act and is not an ``anti-labor'' law. [In billions of dollars] from Colorado [Mr. CAMPBELL], is ab- For 62 years, employers and employees sent due to illness. Fiscal yearÐ have been successfully governed by the pro- visions of the Railway Labor Act. Mr. FORD. I announce that the Sen- 1997 1998 ator from Vermont [Mr. LEAHY], is ab- SOLUTION sent on official business. Airport grants .................................................................... $2.3 $2.4 A provision in the Conference Report to ac- The PRESIDING OFFICER. Are there Radar, air traffic control equipment, navigation equip- company H.R. 3539, the Federal Aviation Au- ment, landing systems [ILS] equipment that remedies any other Senators in the Chamber air traffic control outages doppler radar for wind thorization Act of 1995, states that if an ex- shear ............................................................................. 2.1 2.2 press company was under the Railway Labor who desire to vote? Operations .......................................................................... 5.2 5.4 Act prior to the enactment of the ICC Termi- The yeas and nays resultedÐyeas 66, Research and development, advancement of explosive detection systems, human factor research, aging air- nation Act, then that express company shall nays 31, as follows: craft, air traffic control safety issues .......................... (1) (2) remain under the purview of the Railway [Rollcall Vote No. 304 Leg.] Labor Act. 1 $20.8 million. YEASÐ66 2 No authorization. Mr. LOTT. It is a small point. It reaf- Note: Research and Development levels include an additional $31 million Abraham D'Amato Hatch for security programs consistent with the Administration's emergency request firms what has been the law for 62 Ashcroft Daschle Hatfield for funds. years. This is not a grab. This is not an Baucus DeWine Heflin effort to stomp somebody. This is an Bennett Domenici Helms CONSTRUCTION: PRO-WORKER BILL Bond Dorgan Hollings Kenai Municipal Airport, AKÐAlaska Re- effort to be fair, to correct a clear over- Breaux Faircloth Hutchison gional Aircraft Firefighting Training Center sight; a mistake was made. We are try- Brown Feinstein Inhofe ($8 million). ing to correct that. That is all. Bryan Ford Inouye Anchorage Airport, AKÐRehabilitate run- Bumpers Frahm Jeffords This is so important. We should this Burns Frist Johnston way and lighting ($2.1 million). morning act together to stop the fili- Allakaket Airport, AKÐRehabilitate run- Chafee Gorton Kassebaum Cochran Graham Kempthorne way and lighting ($5.5 million). buster, pass this legislation and go home for the sake of the American peo- Cohen Gramm Kyl Deadhorse Airport, AKÐConstruct aircraft Conrad Grams Lott rescue and firefighting building ($3.5 mil- ple. I urge my colleagues, let us vote Coverdell Grassley Lugar lion). together. Let us invoke cloture and Craig Gregg Mack October 3, 1996 CONGRESSIONAL RECORD Ð SENATE S12229 McCain Pryor Snowe FAA bill without the Federal Express committees are permitted to add com- McConnell Reid Stevens Murkowski Roth Thomas provision. The House is still in session pletely extraneous matters in con- Nickles Shelby Thompson to receive and pass that bill. Having ference, that is, if the point of order Nunn Simpson Thurmond made that point of order, I have no ob- against such conduct becomes a dead Pressler Smith Warner jection to the unanimous consent re- letter, conferees will acquire unprece- NAYSÐ31 quest. dented power. They will acquire the Akaka Kennedy Pell The PRESIDING OFFICER. Without power to legislate in a privileged, Biden Kerrey Robb objection, it is so ordered. unreviewable fashion on virtually any Bingaman Kerry Rockefeller Mr. LOTT. Parliamentary inquiry. I subject. They will be able to com- Boxer Kohl Santorum pletely bypass the deliberative process Bradley Lautenberg Sarbanes understand there would be the debate Byrd Levin Simon time which would be followed by a rul- of the Senate. Dodd Lieberman Specter ing from the Chair. Mr. President, this is a highly dan- Exon Mikulski Wellstone The PRESIDING OFFICER. That is gerous situation. It will make all of us Feingold Moseley-Braun Wyden less willing to send bills to conference Glenn Moynihan correct. Harkin Murray Mr. LOTT. I yield the floor, Mr. and leave all of us vulnerable to pas- sage of controversial, extraneous legis- NOT VOTINGÐ3 President.