Congressional Record on the Topic
Number of Pages:69
Date Created:May 3, 2011
Date Uploaded to the Library:February 20, 2014
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(two-thirds being the affirmative) the rules were suspended and the bill, amended, was passed. The result the vote was announced above recorded. motion reconsider was laid the table. PERSONAL EXPLANATION Mr. HANNA. Madam Speaker, was unavoidably absent for votes. Had been present, would have voted yes rollcall votes 205 and 206. GENERAL LEAVE Mr. MICA. Mr. Speaker, ask unanimous consent that all Members may have legislative days revise and extend their remarks H.R. 658 and include extraneous materials the CONGRESSIONAL RECORD. The SPEAKER pro tempore (Mr. WESTMORELAND). there objection the request the gentleman from Florida? There was objection. FAA REAUTHORIZATION AND REFORM ACT 2011 The SPEAKER pro tempore. Pursuant House Resolution 189 and rule XVIII, the Chair declares the House the Committee the Whole House the state the Union for the consideration the bill, H.R. 658. 1458 THE COMMITTEE THE WHOLE Accordingly, the House resolved itself into the Committee the Whole House the state the Union for the consideration the bill (H.R. 658) amend title 49, United States Code, authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, provide stable funding for the national aviation system, and for other purposes, with Mrs. EMERSON the chair. The Clerk read the title the bill. The CHAIR. Pursuant the rule, the bill considered read the first time. General debate shall confined the bill and amendments specified House Resolution 189 and shall not exceed hour, with minutes equally divided and controlled the chair and ranking minority member the Committee Transportation and Infrastructure, minutes equally divided and controlled the chair and ranking minority member the Committee Science, Space, and Technology, and minutes equally divided and controlled the chair and ranking minority member the Committee Ways and Means. The gentleman from Florida (Mr. MICA) and the gentleman from West Virginia (Mr. RAHALL) each will control minutes. The gentleman from Texas (Mr. HALL), the gentlewoman from Maryland (Ms. EDWARDS), the gentleman from Michigan (Mr. CAMP) and the gentleman from Michigan (Mr. LEVIN) each will control minutes. The Chair recognizes the gentleman from Florida (Mr. MICA). 1500 Mr. MICA. yield myself such time may consume. Madam Chairman, the legislation before now, the Chair has indicated, the FAA Reauthorization and Reform Act 2011. During the discussion the rule which brought the measure the floor, had opportunity speak the fairness the rule, and again Ill cite: Having been here for number years and observed the process for three decades, rarely find any time which everyone has had fair opportunity offer amendments. Some amendments were offered before the Rules Committee. Thirty-three were accepted. Nine were withdrawn. there are only six that were not consideredsome for germaneness reasons, some for being duplicativeand also, fairness, for Members have opportunity participate. So, again, think the process that have come forward with very, very fair. The process has been fair and bipartisan the committee. the last years, the ranking Republican, Republican leader the committee, can count probably less than three fingers the number votes that had over the years. had many more votes than that the committee. was open process and people had the opportunity participate. also spoke the rule how got ourselves this predicament. had March 31, 2011 CONGRESSIONAL RECORD HOUSE H2131 the honor and privilege being the chair the Aviation Subcommittee after the beginning 9/11 and through the fateful time 9/11 for years. 2003, passed the last authorization for FAA. Now, order operate the Federal Government and each its agencies and activities, the Congress must authorize the programs, the policies, the agencies, the funding formulas, and the projects that are eligible for Federal participation. also stated, the other side the aisle for years had huge majorities, could pass anything that they wanted to. Very large majority the House, large majority the Senate. And the last years, indeed, they controlled the White House, the House, and the Senate. They could pass anything they wanted. 2007, the bill that helped author, 4-year authorization, expired. They did extensions years. Its wonder people dont have jobs. Its wonder that people the aviation industry dont know which way the Federal Government coming going. Its wonder that you have some disarray one our most important agencies, the FAA. They had years; weve had less than months. Were bringing the bill out. Weve had fair process the committee, and weve had opportunity for people offer amendments and will spend most today and maybe part tomorrow going through those amendments in, think, adequate time for debate. The bill does make some reductions spending and does take back the 2008 level spending. Now, the first thing you will hear from the other side is, Oh, the Republicans are cutting and slashing important FAA programs and safety and security and everything under the sun will risk. can tell you that thats not the case. can tell you that you can more with less, and can prioritize. fact, this bill, make certain that safety our primary concernand must our primary concernwe have put specific provisions here that there are cuts reductionsand heaven knows the FAA and the Department Transportation certainly can have reductions bureaucratic staffing. dad used say when was alive, Son, its not how much you spend; its how you spend it. And its just like that with personnel. People say, well, were not going have enough air traffic controllers. just had the incident out Reagan. had air traffic controller with some years experience, years DCA, came work guess oclock. There was somebody there until almost 10:30. understand was there hour and minutes and either fell asleep wasnt doing his duty. So, Washington, what they do? Weve got double up. Weve got have more employees. Listen this statistic. Since before 2001, have percent decrease. 2001 today, have percent decrease air traffic movements. Why? Because the industry has consolidated. dont have many flights. The economy down. the same time, have increase percent staffing. you look airports around the country, you will see some with huge reductions air traffic and still the same number air traffic controllers. this bill, give some flexibility you can hopefully move people around. Now, know there are labor agreements and its hard get people move, and some people might not like the warm climes and beauty Florida where the population has expanded and Arizona and wherever else need thembut, for heavens sake, need double up? need double when theres air traffic these airports between midnight and a.m.? Thats the Washington big spending, big government. Lets add more. can tell you that theres plenty room for doing things responsibly, doing things with safety mind. Now lets try new approach with the best interests the taxpayer. Theyve spent some $5.3 billion about months more than take in. Were the verge having our financial security this Nation risk and also threatening even the defense security this Nation. Again, times they did these little hiccup extensions, costing millions dollars. Just ask the FAA administrator; the recalculation, all the things that had done; the inability move forward with safety programs, for that matter. just want make the point that can accomplish what weve set out: reduction spending and, actually, better performance and better safety. could give more examples. dont have lot time. used chase developmental programs, and the government would try develop technology for air traffic control, and they take forever. And the private sector would develop technologies. They sooner, faster, better, with more capability, while were still spending billions dollars recklessly. And reduced, actually, the amount money those developmental programs, and actually have put out there the technology faster, better. there are many areas, and cant spend all time talking about them. This job creation bill. 9.2 percent the gross domestic activity this Nation depends this industry. count this. said, less than months, the other body, the Senate, has already passed the bill. Were ready conference. Weve asked for one extension accomplish this. And this bill has excellent provisions. Finally, you will hear them moan and groan about some labor provision that someone described that were taking away democratic rights and all this for union members. couldnt further from the truth. have had 70-some years rules organizing for labor where weve always had majority those who were affected have vote union. Now they want change whoever shows up. They have multiple elections. And thats what theyre asking for. The little caveat hereand hope everyone listening, Madam Chair. What they didnt decertify get out the union. They left the old rule place. There has majority everyone whos affected. Theyll tell you that they didnt let women vote and all this long time ago, try mix the topic hand and confuse people, but you cant think more unfair rule than packed National Mediation Board has enacted. Unfair, easy enter in, cut the provisions for entering in, and then put barrier get out. Again, think this excellent program. gives opportunities look contract towers and then air traffic control, NextGen, the next generation air traffic control. can better. can get technology place. Well probably have use fewer people. And well always know where the planes are can move this legislation forward that, again, has been the shelf for some years. There are excellent provisions this legislation. feel confident that deserves the support the House, and well have fair and open debate amendments. HOUSE REPRESENTATIVES, COM MITTEE SCIENCE, SPACE, AND TECHNOLOGY, Washington, DC, March 29, 2011. Hon. JOHN MICA, Chairman, Committee Transportation and Infrastructure, Rayburn House Office Building, Washington, DC. DEAR MR. CHAIRMAN: writing you concerning the jurisdictional interest the Committee Science, Space, and Technology H.R. 658, the FAA Reauthorization and Reform Act 2011. H.R. 658 was favorably reported the Committee Transportation and Infrastructure March 10, 2011 and sequentially referred the Committee Science, Space, and Technology. recognize and appreciate your desire bring this legislation before the House Representatives expeditious manner, and, accordingly, will waive further consideration this bill Committee. This, course, being conditional our mutual understanding that Title the legislation reported your Committee will removed from the legislation and provisions regarding research and development activities the Federal Aviation Administration developed the Committee Science, Space, and Technology will included the legislation considered the Floor. However, agreeing waive consideration this bill should not construed waiving, reducing affecting the jurisdiction the Committee Science, Space, and Technology. Further, request your support the appointment conferees from the Committee Science, Space, and Technology during any House-Senate conference convened this, any similar legislation. also ask that copy this letter and your response placed the Congressional Record during consideration the bill the House floor. H2132 CONGRESSIONAL RECORD HOUSE March 31, 2011 look forward working with you prepare pass this important legislation. Sincerely, RALPH HALL, Chairman. HOUSE REPRESENTATIVES, COM MITTEE TRANSPORTATION AND INFRASTRUCTURE, Washington, DC, March 29, 2011. Hon. RALPH HALL, Chairman, Committee Science, Space, and Technology, Washington, DC. DEAR MR. CHAIRMAN: Thank you for your letter regarding H.R. 658, the FAA Reauthorization and Reform Act 2011. The Committee Transportation and Infrastructure recognizes the Committee Science, Space, and Technology has jurisdictional interest H.R. 658, and appreciate your effort facilitate consideration this bill. you wrote your letter, have agreed strike Title from the Transportation and Infrastructure Committee reported H.R. 658. Provisions regarding research and development activities the Federal Aviation Administration developed the Committee Science, Space, and Technology will included the legislation considered the House Floor. also concur with you that forgoing action this bill does not any way prejudice the Committee Science, Space, and Technology with respect its jurisdictional prerogatives this bill similar legislation the future, and would support your effort seek appointment appropriate number conferees any House-Senate conference involving this legislation. will include our letters H.R. 658 the Congressional Record during House Floor consideration the bill. Again, appreciate your cooperation regarding this legislation and look forward working with the Committee Science, Space, and Technology the bill moves through the legislative process. Sincerely, JOHN MICA, Chairman. HOUSE REPRESENTATIVES, COMMITTEE THE JUDICIARY, Washington, DC, March 23, 2011. Hon. JOHN MICA, Chairman, Committee Transportation and Infrastructure, Rayburn House Office Building, Washington, DC. DEAR CHAIRMAN MICA, writing concerning H.R. 658, the FAA Reauthorization and Reform Act 2011, which scheduled for floor consideration next week. result your having consulted with provisions H.R. 658 that fall within the Rule jurisdiction the Committee the Judiciary, are able agree forego action this bill order that may proceed expeditiously the House floor for consideration. The Judiciary Committee takes this action with our mutual understanding that foregoing consideration H.R. 658 this time, not waive any jurisdiction over subject matter contained this similar legislation, and that our Committee will appropriately consulted and involved the bill similar legislation moves forward that may address any remaining issues our jurisdiction. Our Committee also reserves the right seek appointment appropriate number conferees any House-Senate conference involving this similar legislation, and requests your support for any such request. would appreciate your response this letter confirming this understanding with respect H.R. 658, and would ask that copy our exchange letters this matter included the CONGRESSIONAL RECORD during floor consideration. Sincerely, LAMAR SMITH, Chairman. HOUSE REPRESENTATIVES, COM MITTEE TRANSPORTATION AND INFRASTRUCTURE, Washington, DC, March 23, 2011. Hon. LAMAR SMITH, Chairman, Committee the Judiciary, Ray burn House Office Building, Washington, DC. DEAR MR. CHAIRMAN: Thank you for your letter regarding H.R. 658, the FAA Reauthorization and Reform Act 2011. The Committee Transportation and Infrastructure recognizes the Committee the Judiciary has jurisdictional interest H.R. 658, and appreciate your effort facilitate consideration this bill. also concur with you that forgoing action this bill does not any way prejudice the Committee the Judiciary with respect its jurisdictional prerogatives this bill similar legislation the future, and would support your effort seek appointment appropriate number conferees any House-Senate conference involving this legislation. will include our letters H.R. 658 the CONGRESSIONAL RECORD during House Floor consideration the bill. Again, appreciate your cooperation regarding this legislation and look forward working with the Committee the Judiciary the bill moves through the legislative process. Sincerely, JOHN MICA, Chairman. reserve the balance time. 1510 Mr. RAHALL. Madam Chair, yield myself such time may consume. Madam Chair, was just last week two airliners landed Washington National Airport without landing clearances because apparently the single person charge the control tower fell asleep. While investigations are ongoing, certainly have seen accidents the past where controller staffing and fatigue were implicated, such the August 2006 crash Comair Flight 5191 Lexington, Kentucky. was surprised when some Republican colleagues used this most recent incident Washington National Airport opportunity argue that the FAA should do more with less. more with less: thats how the Republicans think the FAA will operate under this bill. When were talking about investing air traffic control modernization regulating safety hiring sufficient number safety inspectors, theres such thing doing more with less. Under this bill, the FAA will have less with less, and you would have asleep the controls not see that. The FAA primarily safety agency, and virtually all its activities are safety related. last weeks incident should make clear, now not the time arbitrarily cut almost billion from the FAA programs and argue that the agency can more with less safety. long-term FAA reauthorization bill must move the aviation system into the 21st century, create jobs, strengthen our economy, and provide the resources necessary enhance safety. This legislation, unfortunately, does not meet those goals. will require significant changes before can enacted into law, and therefore cannot support it. One thing should all honest about right now: this not jobs bill. The bill cuts FAA funding billions dollars, back 2008 levels. You cannot cut funding dramatically without destroying tens thousands jobs: Federal jobs, State jobs, local jobs, public and private sector jobs. addition costing jobs, the bills funding cuts would cause delays air traffic control modernization, meaning more delayed flights, reduction FAAs safety workforce and delays FAA safety rules. Now, aside from the funding levels, there are two particular issues that preclude support for this bill. The first that the bill sunsets the Essential Air Service program for the lower States 2013, leaving behind about 110 communities across the country. Yet the same time, the bill extends airport improvements the Marshall Islands, Micronesia, and Palau. not even own them. They are independent countries. Now, understand the reasons for providing airport improvement funds these island nations. have compact with them. But seeking keep faith with our agreements with those countries, the majority more than willing break the promise rural America right here home that was made under the Airline Deregulation Act and the FAA reauthorization bills that followed. EAS vital lifeline between rural communities and the global network commerce. Small and rural communities have grown around EAS, which directly supports local jobs. creates flow goods and commerce into and out small-town America. brings families together. links four communities home State West Virginia with other cities and towns around the country and around the world. Essential Air Service investment; its not handout. investment jobs and economic growth for small towns. The majority turning its back small towns and rural America. will continue work with colleagues bipartisan fashion honor the promise that Congress has made the people rural America. recognize the job-protecting benefits the EAS program and the value critical Federal investment for rural communities. Now, before conclude, theres another section that has business whatsoever being this bill, and that provision that seeks overturn rule finalized the National Mediation Board fair union representation elections. The rule did away March 31, 2011 CONGRESSIONAL RECORD HOUSE H2133 with unjust and undemocratic requirement under which super-majority airline and railroad workers had vote favor union representation before union could certified represent them the bargaining table. Non-votes were counted no votes, even though there was reason conclude workers were against union representation because they were sick furlough and did not vote. The new rule, which this bill would overturn, says that the mediation board must count the votes among those employees who voted and must determine the will the workers according the yes and no votes actually cast. Now, just congressional elections turn majority those who voted, union representation elections should reflect the will the voters. This poison pill provision. provision overturn that rule simply has business being this legislation. has nothing with safety. has nothing with improving our air transportation system. And has absolutely nothing with making air service more efficient. Rather, lightning rod controversy, part concerted assault, weve seen too often this year, collective bargaining. Republicans and Democrats alike have opposed it. barely survived the committee markup single vote. This unprovoked and unnecessary provision has place such critically needed legislation keep the FAA moving forward and the flying public safe. When comes doing more with less, friends the other side the aisle are correct about few things, have admit, when comes the pending legislation: More than 70,000 jobs lost with less funding for the AIP program. More risks the traveling public with less safety personnel and initiatives. More assaults collective bargaining rights for American workers. More controversial poison pill provisions with less focus job creation and safety enhancements. Yep, thats doing more with less. With warning lights flashing and alarm bells ringing, cannot afford sleep the controls such important time for our aviation system. reserve the balance time. Mr. MICA. Reminding everyone that were borrowing cents out every dollar, pleased yield minutes the chair the Aviation Subcommittee, the gentleman from Wisconsin (Mr. PETRI). Mr. PETRI. thank chairman. The legislation before us, H.R. 658, reauthorizes the safety and research programs, operations, airport grants, and funding for the Federal Aviation Administration for budget years 2011 through 2014. Its 4-year reauthorization, with earmarks, that will result savings and greater efficiencies. The bill funds the FAA the fiscal year 2008 funding levels and will save billion compared the current levels. These funding levels recognize the state the Federal budget, but should not affect vital safety functions. The FAA Administrator directed achieve required cost savings without cutting safety critical activities. The bill requires the FAA find and eliminate wasteful processes, duplicative programs, and unnecessary practices. 1520 Given current economic times, there need put our limited resources where they are most needed and use them efficiently. Although cannot all that may have wanted to, when facing budget cuts, difficult decisions have made. have worked preserve the ability the FAA conduct its safety functionsits most important mission and our number one priority. The bill will phase out the Essential Air Service Program 2013, resulting $400 million savings. The Essential Air Service Program was originally created 1970 temporary program the wake airline deregulation. was intended allow airports adapt the change the aviation industry and plan accordingly. However, over the years, this program has resulted taxpayers having pay millions dollars subsidies provide air service communities even passenger enplanements have declined other modes transportation have become available. With regard NextGen, H.R. 658 streamlines processes and provides sufficient funding, with FAA pursestring tightening, fund NextGen projects planned the next years. H.R. 658 sets strict goals and benchmarks, and includes other measures accelerate NextGen order keep the momentum going. NextGen critical the U.S.s ability compete the global aviation system providing safer and more efficient and environmentally friendly operations. The bill allows for the expansion the cost-effective Contract Tower Program, which has the potential save, roughly, $400 million over years. addition, the legislation provides clear and efficient process for the FAA rapidly achieve benefits associated with the consolidation old, obsolete and unnecessary FAA facilities, with enormous potential savings. would like commend Chairman MICA for his efforts developing this bill and moving through the committee. Also, while may have differences few provisions, there much this bill that has bipartisan support. look forward continuing work with aviation partner, Representative JERRY COSTELLO, and with our ranking member, Representative NICK RAHALL, getting agreement with the Senate that can finally send bill the President. urge colleagues support H.R. 658. Mr. RAHALL. Madam Chair, yield such time may consume the gentleman from Illinois (Mr. COSTELLO), our leading Democrat the Aviation Subcommittee who has been the trenches, the runways, and the towers this legislation for many years. has been with the takeoffs and the landings many extensions. Mr. COSTELLO. thank the ranking member for yielding and for his kind remarks. Madam Chair, all agree that need long-term FAA Reauthorization Act. The FAA and the aviation community need stability and direction that multi-year authorization will provide. However, its not this bill. important for Members know that H.R. 658 different FAA reauthorization bill from the bipartisan legislation that colleagues and worked together and that passed the House three times during the 110th and 111th Congresses. That legislation would have created jobs, improved aviation safety, and provided the FAA with the resources necessary modernize airport and air traffic control infrastructure. However, while some aspects H.R. 658 were prior House-passed bills and reflect some priorities, there are many troubling omissions and newly added provisions the bill that are unacceptable. think all agree that must make every effort fiscally responsible and cut Federal spending where makes sense given the size the deficit. the same time, also have responsibility the American people keep our aviation system safe and secure, make needed improvements our infrastructure, strengthen the economy, create jobs, and remain competitive. However, share the concerns those the industry that this legislation includes funding cuts that will affect safety and put the flying public risk, devastate the FAAs Next Generation Air Transportation System air traffic control modernization effort, and ignore the need strengthen our economy creating jobs. the jobs issue, let make clear. Mr. RAHALL said and Ill say again: This bill does not create jobs. Instead, cuts, roughly, billion over the next years the FAAs Airport Improvement Program. The AIP provides funding airports across the country for infrastructure projects, such runways and air traffic control towers, and these projects create well-paying construction jobs. billion decrease funding this bill means about 70,000 jobs will lost. will repeat that: 70,000 jobs will lost because the billion cut AIP funds. fact, leaves little AIP discretionary funding available that even the most important projects, such completing runway safety areas the congressionally mandated deadline, cannot funded. H2134 CONGRESSIONAL RECORD HOUSE March 31, 2011 Second, Republican colleagues argue that H.R. 658 directs the FAA prioritize and protect safety-related activities within the bills reduced funding levels. That sounds great, but all the evidence suggests that cant done. February, the House Aviation Subcommittee held FAA reauthorization hearing listen the aviation industrys stakeholders. The unified message from the industry was loud and clear: Congress cannot roll back FAA funding 2008 levels without harming safety programs hampering the industry. President Bushs former FAA administrator, Marion Blakey, stated, The prospect really devastating jobs and our future really have roll back 2008 levels and stop NextGen its tracks. jobs bill? dont think soand neither does the person who ran the FAA under the Bush administration. The FAA primarily safety agency, and virtually all its activities are safety-related. This Congress and the American people need know that, arbitrarily cut billion year out the FAAs budget, absolutely will affect safety. The agency will not more with less. will forced less with less, and cuts these funding levels will have serious consequences. According the FAA, the funding reductions this bill will cause the agency furlough the aviation safety workforce hundreds employees. Fewer safety inspectors, engineers, and support personnel will adversely impact air traffic services, aviation safety certifications and the implementation NextGen, which will end costing the taxpayers more the long run and cause our aviation industry less competitive globally. addition, reduction the workforce will likely mean the delay important safety regulations, such those mandated Congress the new aviation safety law that was enacted last year bipartisan vote response the Colgan Flight 3407 tragedy Buffalo, New York. Further, this legislation will force important safety-related airport improvement projects delayed abandoned, such wildlife hazard assessment. These types assessments would help airports mitigate hazards like the one that brought down U.S. Airways Flight 1549 2009 which Captain Sullenberger and First Officer Skiles were forced land the Hudson River because flock geese damaged the planes engines. Mr. RAHALL indicated, just last week, two planes landed safely, without clearance, Washington National Airport because, reportedly, single person charge the control tower apparently fell asleep. While investigations are ongoing, have certainly seen accidents the past where air traffic control staffing and fatigue were factor, such the August 2006 crash Comair Flight 5191 Lexington, Kentucky. applaud Secretary LaHoods decision reevaluate staffing needs throughout the country. Congress will also need closely examine air traffic control staffing and fatigue going forward; but this incident should make clear: Now not the time arbitrarily cut almost billion from FAA programs and argue that the agency can more with less without compromising safety. know Mr. RAHALL and others have talked about provision the legislation that believe, too, poison pill. will not into all the details will have amendment later; but let just say that the LaTourette-Costello amendment, hope, will supported the Members this body. poison pill provision, section 903 this legislation, that certain hold the legislation the Senate. There way that see the Senate will act that provision, and the White House, course, has already issued statement saying that the President will receive recommendations from his advisers veto the bill. 1530 are serious about passing long-term FAA bill, this provision must come out. remains the bill, will rejected the Senate and the White House. Madam Chair, will again sayand have said many times beforeI will work with colleagues across the aisle produce fair bill that cannot only pass the House but also pass the Senate and signed into law the President. H.R. 658 its current form will not pass the Senate signed into law the President and will require significant changes before its enacted. Finally, Madam Chair, let address couple comments that friend the chairman the full committee led off with his remarks. indicated that the Democrats when were charge for all these years and werent able pass legislation, had have extensions. would remind friend that both 2007, 2009, and 2010 passed bipartisan legislation reauthorize the FAA. was our friends the Senate, fairness, that held the legislation up. took them years pass FAA reauthorization bill, and fact, friend from Florida will remember, was the two Senators from Tennessee that held the bill the Senate, and was two issues that were held the Senate, and those issues involved both PFCs and DCA, the number slots Washington Reagan National airport. Madam Chair, urge colleagues vote no H.R. 658, the FAA Reauthorization and Reform Act, and hope that after reject this bill can back and get bill that accomplishes what set out the legislation, the bipartisan legislation that passed last year. Mr. MICA. Madam Chair, can inquire the amount time remaining each side? The CHAIR. The gentleman from Florida has 512 minutes remaining. The gentleman from West Virginia has minutes remaining. Mr. MICA. Madam Chair, would ask unanimous consent yield 212 minutes time the gentleman from Pennsylvania and allow him control for the purpose colloquy. The SPEAKER pro tempore. Without objection, the gentleman from Pennsylvania will control the time, 212 minutes. There was objection. Mr. SHUSTER. Mr. Chairman, you know the EAS program was established ensure that smaller communities across the country, including those congressional district, retain link the national air transportation system. also understand that have severely constrained Federal budget, and agree with the chairman that must more with less and need ensure that Federal programs actually make sense. member the committee, look forward working with the chairman get this long overdue FAA bill the Presidents desk for signature, and look forward working with the chairman make the needed changes the EAS program. would now yield seconds the gentleman from Pennsylvania (Mr. THOMPSON). Mr. THOMPSON Pennsylvania. Essential Air Service assists over 140 communities throughout the United States. EAS, Essential Air Service, works. Let talk about two airports, real quick. Williamsport, Pennsylvania. was EAS. needed get their deployments up, and frankly, whats happened, its been successful. Its now off EAS. The program works. These folks are now operating without that. Dubois, Pennsylvania. Their deployments are growing this point, and they are the right track. The EAS serving the correct purpose what has. EAS stops and ends, here what ends Dubois, Pennsylvania: private sector jobs totaling million payroll and $28.8 million economic activity. just best encourage the support the Essential Air Service. think its very important for rural America. Mr. SHUSTER. agree with the gentleman. yield seconds the gentleman from North Dakota (Mr. BERG). Mr. BERG. This bill will ensure the much-needed long-term stability and development our Nations aviation infrastructure. However, incredibly concerned about the provision this bill that would phase out Essential Air Service. EAS critical large States like own. Rural regions rely EAS for vital air transportation. North Dakota, airports like Jamestown March 31, 2011 CONGRESSIONAL RECORD HOUSE H2135 and Devils Lake would not able provide critical air service without this support. Ive spoken with Chairman MICA, and understand the need for the process keep moving forward with this bill. This bill contains many good provisions that support. also know how vital rural access essential aviation is. would ask the gentlemen from Florida and Pennsylvania theyd commit working with and other Members support the EAS program. Mr. SHUSTER. thank the gentleman from North Dakota. yield seconds the gentlelady from South Dakota (Mrs. NOEM). Mrs. NOEM. thank the gentleman for yielding. Madam Chair, have spent the last months debating the need get spending under control, and its good thing. Thats why constituents sent here, and thats what plan continue do. But also need remember that need look get spending under control and help our economy and create jobs. large part that providing certainty for the American people, and like many colleagues, represent the rural parts America. Many them are concerned with the uncertainty that removing this program, Essential Air Service, too quickly would bring. Many the communities rural America, including those South Dakota, that rely this program use economic development tool. They understand that they wont using EAS forever. But Im concerned, Madam Chair, that may not providing them with the time that they need plan under this bill. This issue deserves additional consideration. hope that move forward with conference conversations with our Senate colleagues that this given much more careful consideration, and look forward working with them. Mr. SHUSTER. thank the gentle-lady from South Dakota. look forward working with the chairman, the gentlelady from South Dakota, and the gentlemen from Pennsylvania and North Dakota the bill moves forward EAS. Mr. RAHALL. Madam Chair, would defer the Committee Ways and Means. Mr. BLUMENAUER. would claim the time for Ways and Means. The CHAIR. The gentleman from Oregon recognized for minutes. Mr. BLUMENAUER. Madam Chairman, yield myself such time may consume. have appreciated the debate here the floor talking about the essential services that are included the FAA reauthorization, but sadly, some the consequences are for significant cuts vital servicesI hear some friends talking about Essential Air Service. impacts State. Were looking significant reduction airport construction, and weve heard, would stop NextGen, the former administrator under the Bush administration was quoted saying, in its tracks. But Madam Chairman, doesnt need this way. can, fact, respect the concerns about not adding the deficit without shortchanging these essential programs. Our friends the Senate, have provided one those rare occasions where the other body has shown the way. They have passed the last year, with votes last year and 878 votes already this session, reauthorization that actually adds revenues, but not general taxes, but theres been agreement that has reached overwhelming consensus. You dont get votes out the other body for raising revenue unless theres broad acceptance with the industry, with those who are regulated and those who are concerned about preserving these essential services. Theres agreement within broad swath the industry increase the fuel tax, user fee for the people who benefit. Another critical area that the bill silent on, and fact havent adjusted for years, the ceiling the passenger facility charge. This isnt even tax that Congress imposes. simply authorization for what local authorities can decide makes sense for their vital programs. Madam Chair, dont have choose between tens thousands jobs lost, putting the traveling public risk, delaying essential efficiency improvements, and cuts vital programs increasing the deficit. can simply move forward with simple, commonsense, broadly agreed upon proposals adjust revenues have the flexibility, make the investment thats going make difference for years come, and make the difficult job the chair and the ranking member and the two subcommittees, make that difficult job much easier. 1540 reserve the balance time. Mr. MICA. Madam Chairman, pleased yield minutes the very distinguished gentleman from Tennessee (Mr. DUNCAN), the chair the Highways Subcommittee the Transportation and Infrastructure Committee. Mr. DUNCAN Tennessee. thank the gentleman from Florida for yielding this time. rise support this bill and commend Chairman MICA and Chairman PETRI because, former chair the Aviation Subcommittee, know how difficult bring all the competing interests together produce bill such this. However, would like raise one issue that still have some concerns about. has been brought attention former outstanding Member this body, Jim Coyne, former Congressman from Pennsylvania who has been the long-time head the National Air Transportation Association, that some airports are engaging activities that compete with privately owned fixed-base operators. did not file amendment because the chairman has graciously agreed hold formal roundtable discussion about this matter and begin working make sure that this does not become commonplace. hope that this not trend that will continue because privately owned businesses should not have compete with the government quasi-governmental agencies, such airport authorities, which not pay taxes and are not subject all the rules and regulations that private businesses are. Each time there has been White House Conference Small Business and they have held one average every years since 1955either the number one concern one the top three concerns all these White House Conferences Small Business has been freedom from government competition. Madam Chair, since the Eisenhower administration 1955, has been U.S. policyor was supposed have been that government should not start carry any commercial activity provide service product for its own use such product service can procured from private enterprise through ordinary business channels. that concern, and are going continue working that. also want mention very commonsense amendment that will filed later Mr. SHUSTER behalf myself and Mr. MEEHAN, two colleagues from Pennsylvania. This amendment that will filing does two very simple things: states that the FAA should not use one-size-fits-all approach when considering new regulations. also requires the FAA take into consideration the cost imposing the private sector when issuing new regulations. This amendment simply codifies much executive order issued President Obama January this year. Quoting from the Presidents executive order, said our regulatory system must based the best available science. must allow for public participation and open exchange ideas. must promote predictability and reduce uncertainty. must identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends. must take into account benefits and costs, both quantitative and qualitative. addition, FAA Administrator Randy Babbitt has stated that one-size-fits-all approach rulemaking can make aviation less safe. There are different segments the aviation industry that face very different challenges. believe that tailoring the regulations toward these different segments the industry, can make aviation safer helping address the different challenges that different types businesses face. H2136 CONGRESSIONAL RECORD HOUSE March 31, 2011 Finally, would like say that agree with the chairman about over-staffing with regard our aviation regulation. amazed, Madam Chair, how many Members and private citizens have expressed concerns about TSA overstaffing and have mentioned the lines thousands standing around. The number screeners has gone up, understand it, from 16,000 prior 9/11 61,000 now. That simply far, far too many; and that needs looked into. And know the chairman intends that. urge colleagues support this legislation. Mr. BLUMENAUER. Madam Chair, may inquire the amount time remaining for Ways and Means. The CHAIR. The gentleman from Oregon has minutes remaining. Mr. BLUMENAUER. Madam Chair, would ask unanimous consent that these minutes assigned the gentleman from West Virginia (Mr. RAHALL). The CHAIR. Without objection, the gentleman from West Virginia will control the time. There was objection. Mr. RAHALL. Madam Chair, yield minutes the distinguished gentleman from Oregon (Mr. DEFAZIO), the lead Democrat our Highways and Transit Subcommittee. Mr. DEFAZIO. Unfortunately, this legislation, under the guise being fiscally prudent, going delay vital safety and capacity needs and enhancements our aviation system, condemning future air travelers even more congestion, more delays, more wasted fuel. Its going cut already inadequate inspection force again, threatening safety. And then there are other provisions that are problematic. The gentleman from Arizona may ask for vote amendment change the very fair and competitive slot language for National Airport the bill into unfair earmarked anti-competitive amendment that would give potentially percent long distance flights out National Airport two airlines, about percent one airline. And calls competition. Now dont know what planet hes from, but thats not competition where come from, underserved west coast market that has very few opportunities for people access National Airport. And then, finally, labor provision that was thrown rather gratuitously that says that anyone who chooses not vote election will counted no. The interesting thing is, had that same standard for elections the United States House Representatives, not one single Member now sitting would have won their election because its not just the people who are registered vote. Its anybody who eligible vote. And they dont vote dont register vote, they count no. mean, some people might happy, there would House Representatives. But least the sitting Members would not here. They want apply that standard representation for labor unions. Thats incredibly unfair, shortsighted, and would overrule the National Labor Relations Board. Finally, Essential Air Service. are supposed have system universal air transport. critical many small and developing communities, rural communities like represent, have continuation Essential Air Service. Mr. MICA. Madam Chairman, understand that the Ways and Means Committee markup. would like ask unanimous consent claim their time, believe that minutes our side, that the Transportation and Infrastructure majority permitted claim that time. The CHAIR. Without objection, the gentleman from Florida will control the minutes allotted the Ways and Means Committee. There was objection. Mr. MICA. Madam Chairman, pleased yield minutes the distinguished gentleman from North Carolina (Mr. COBLE), one the senior members the TI Committee and leader the Judiciary Committee. Mr. COBLE. thank the chairman for yielding. rise support this bill, which financially sound and with tax fee increases. Simply put, the measure long overdue, and the aviation sector needs certainty. need finish the task hand. The managers amendment considered later today includes language that will provide clarity for musicians who travel with small instruments. And Im not talking, Madam Chair, about stand-up basses harps. Current policy varies from airline airline what instruments are permitted onboard. The amendment strikes delicate balance ensure musicians can attain certainty and safety ensured. appreciative the gentleman from Florida (Mr. MICA) and the gentleman from West Virginia (Mr. RAHALL) and all staff who worked with this provision, and thank them for its inclusion. also support amendment offered the gentleman from Pennsylvania (Mr. SHUSTER) that will help FAA regulations conform reasonableness and reality. This amendment requires the FAA recognize distinctions between sectors the aviation industry and tailor regulations each sectors facts. also conforms FAA rule-making number good-government principles, such cost-benefit analysis, use the best available information, and consideration regulatory impacts the economy. Finally, later today there will likely vigorous debate recent action the National Mediation Board labor elections. Under previous guidelines, majority the eligible electorate must vote favor unionization. Under the new rules, this majority defined those who actually vote elections. This action overturns precedent that has been place for the past years that worked well. This issue about fairness all parties and, opinion, the appropriate way forward past policy, not those place today. 1550 Mr. RAHALL. Madam Chair, yield minutes the gentleman from New York (Mr. NADLER), distinguished member our Committee Transportation and Infrastructure. Mr. NADLER. Madam Chairman, this bill drastically cuts funding for FAA programs, threatening the development the NextGen air traffic control system and requiring the furlough hundreds safety-related employees. The bill also would change the National Mediation Boards election rules. Airline and railroad workers would longer vote for union representation majority those voting but majority all those eligible vote. would extremely undemocratic thus count votes not cast no votes. election any free country does so. And urge colleagues support the LaTourette-Costello amendment strike this provision. also oppose provisions the managers amendment providing liability immunity for the airlines and limitations discovery. Section 336 would block access safety-related data through discovery and would block use such information court. virtually unheard for Congress simply declare that broad categories information cannot obtained party lawsuit even used evidence legal proceeding. Section 337 provides immunity airlines and their agents for any type damage resulting from event contemplated safety management system. These systems are designed analyze virtually every kind risk, granting this immunity would make virtually impossible hold airline individual accountable for negligence causing almost any accident. This liability shield would deprive injured victims their rights and would also preempt State tort law. havent held any hearings this the Transportation Committee the Judiciary Committee, which, frankly, has jurisdiction and the proper expertise with which analyze such grants immunity, and havent heard any evidence justify these dangerous restrictions. find hard believe that anybody thinks that airlines should allowed act with negligence and free from liability should you any other American injured maimed killed result the negligence. For all these reasons, must oppose the bill. However, want thank Chairman MICA and Congressman COBLE for including language the managers amendment strengthen the provisions guaranteeing the right carry check musical instruments onto March 31, 2011 CONGRESSIONAL RECORD HOUSE H2137 airline. This issue Ive worked for many years, and very pleased see finally moving forward. hope that can continue find areas agreement, since passage long-term FAA authorization bill long overdue. look forward working with colleagues that spirit. But until the funding levels are increased, the safety and worker provisions are place, the poison pill provisions about union votes are removed, cannot support this bill. Mr. MICA. Might inquire how much time remains? The CHAIR. The gentleman from Florida has 312 minutes remaining. The gentleman from West Virginia has minutes remaining. Mr. MICA. would like reserve time that acquired behalf the Ways and Means Committee close and, believe, its appropriate, have the Science Committee, which think yielded minutes each side, forward prior close. Mr. HALL. yield myself such time may consume. The CHAIR. The gentleman from Texas recognized for minutes. Mr. HALL. Madam Chair, rise strong support H.R. 658, legislation reauthorizing the Federal Aviation Administration through fiscal year 2014. Title H.R. 658 reauthorizes the agencys research and development programs. was drafted the Committee Science, Space, and Technology H.R. 970, the Federal Aviation Research and Development Reauthorization Act 2011. March 17, the committee met, amended and approved H.R. 970. The rule accompanying H.R. 658 fully incorporates the language from our amended bill into title which support. With regard funding, title adheres the same principles the larger bill, providing authorization levels for the Research, Engineering and Development account the fiscal year 2008 level for the fiscal years 2012 through 2014. For fiscal year 2011, the authorization hybrid current spending under the continuing resolution and the 2008 level. Further, our bill authorizes spending for research and development activities that are funded through the agencys Facilities and Equipment and Airports accounts. None our members relish cutting RD funding, but members our side the aisle were passionate their belief, am, that must reduce Federal spending, and the FAA, like every other Federal agency, must bear some burden and some measure burden. Research and development plays critical role FAA, providing the agency with the tools and technologies needs carry out diverse set missions. The largest RD program currently underway supports development whole host technologies required ensure successful deployment the Next Generation Air Transportation System. RD also fundamental FAAs role the safety air travel, giving the agency the insight and data required develop tools and policies guiding the introduction, use and the maintenance new materials and systems incorporated the modern jet aircraft. These technologies are necessary were continue improving the national airspace systems safety, efficiency and security, especially considering the critical role now played aviation our Nations economy and public safety. addition, title directs FAA undertake research number areas, including the safe operation unmanned aircraft systems the national airspace, research runways and engineered material restraining systems, research developing unleaded fuel for the use general aviation piston engine aircraft and the development and certification jet fuel from alternative sources, and research the effects aviation the environment. There are many other activities too numerous mention here, but did want provide examples Members the broad sweep FAA-sponsored RD. Finally, understand Chairman MICAs amendment offered the bill seeks modify certain provisions while also adding few. specific provision amends existing law found title the United States Code regarding the Office Commercial Space Transportation. support the goal this language with the understanding that the inclusion this language does not alter the jurisdiction committee this issue and that the chairman the Transportation and Infrastructure Committee will work with ensure this provision similar provisions are preserved, they are preserved continue move through the legislative process H.R. 658, including any negotiations conference with the other body. Madam Chair, closing, want urge all Members support this bill. reserve the balance time. Ms. EDWARDS. Madam Chair, yield myself such time may consume. The CHAIR. The gentlewoman from Maryland recognized for minutes. Ms. EDWARDS. The need for long-term Federal Aviation Administration, FAA, reauthorization act clear; but H.R. 658 reauthorizes the FAA for years, and the arbitrary spending cuts that our Republican colleagues have imposed the agency H.R. 658 will devastate FAAs ability improve flying safety and modernize the Nations air traffic control system. For this reason, unfortunately, cannot support the bill. H.R. 658 proposes percentan unbelievable percentcut FAAs research, engineering and development accounts from the funding levels enacted Congress for fiscal year 2010. These cuts are not related any way lack need for the research. fact, the committee, multiple hearings, acknowledged the need for the research. The Congress heard expert testimony from witnesses who have stressed the importance investing both research and development and the NextGen modernization initiative, and have warned the negative impact that cuts will have the Nations air traffic control system and the flying public. cut FAAs RD efforts drastically while were trying recover from recession and while oil prices every day climb higher risks stifling this industry and the millions jobs supports. But also want clear that the research and development work that done FAA helps protect the safety all the flying public. These cuts aviation safety-related research have high probability reducing the safety our air transformation system. These effects may not felt today tomorrow, but they will felt, and they will have serious consequences for the flying public. Madam Chair, Democratic members the committee attempted prevent the cuts three key safety research initiatives our committees markup H.R. 970. These amendments, adopted, would have increased the 4-year authorization amount total $16 million, less than percent the $600 million authorization the billa small amount for such huge payoff. 1600 noted the committee markup, these costs really pale comparison even single major aircraft accident both terms money and the horrible loss life. Unfortunately, our Republican colleagues voted reject each these key safety amendments and research amendments that safety. And the choice couldnt more clear. Our colleagues chose make the flying public less safe order meet very arbitrary goal for cutting Federal spending. share our colleagues concern about the Nations deficit, but reject any notion that addressing the Nations deficit requires make our Nations transportation system less safe. move forward the negotiations with the Senate over final FAA reauthorization, remain committed ensuring the safety our Nations air transportation system and hope that our Republican colleagues will join this effort. conclusion, would like speak measure the provision the underlying bill that has greatly troubled, and that has with union elections. staggering that have decided that are going count not voting no vote. just took look the winning numbers for our leadership. Our Speaker was elected 2010 with 142,700 votes. His opponents and those who werent H2138 CONGRESSIONAL RECORD HOUSE March 31, 2011 registered totaled 482,170 votes. had used this same theory, this same strategy for our own elections and for the election Speaker BOEHNER, would have lost that election 339,000 votes. And that goes for each us. And perhaps the public wants that. Maybe should all counting nonvoting no votes, and then could completely change this House Representatives. But that not the way run elections, and that not the way should run union elections. unfortunate that the majority has decided put this poison pill into the underlying legislation that makes unsupportable this side the aisle. With that, would ask unanimous consent yield the balance time the ranking member Transportation and Infrastructure, the gentleman from West Virginia (Mr. RAHALL). The Acting CHAIR (Mr. BASS New Hampshire). there objection the request the gentlewoman from Maryland? There was objection. Ms. EDWARDS. And how much time remains? The Acting CHAIR. There seconds remaining for the gentlewoman from Maryland. Mr. HALL. Mr. Chairman, yield the gentleman from Mississippi (Mr. PALAZZO) such time may consume. The Acting CHAIR. The gentleman recognized for minute. Mr. PALAZZO. Mr. Chairman, rise join Mr. HALL, chairman the House Science, Space, and Technology Committee, urge all Members support passage H.R. 658, the FAA Reauthorization and Reform Act 2011. This good and balanced bill that will help advance important modernization safety programs the FAA, and fiscally responsible manner. The Space and Aeronautics Subcommittee, which chair, held oversight hearing February that focused FAAs research and development activities. Witnesses from FAA, industry, external advisory panel FAA, and the DOT Inspector General spoke general agreement about the importance FAAs research and development portfolio, with the non-agency witnesses also offering constructive suggestions for improvement. chief importance the agency and industry development and implementation the Next Generation Air Transportation System program. NextGen will modernize our Nations air traffic control system, increasing its capacity, safety, security, and efficiency. But this ambitious program will not succeed without well structured, well managed research and development program that will deliver appropriate technologies when and where they are required. offer few examples, currently there NextGen-related research focused increasing our weather prediction capability, research better understand human factors highly automated environment, wake turbulence prediction, and research aircraft technologies. What are asking FAA prioritize and make choices. Most folks Washington and home acknowledge that cannot afford business usual routinely increasing Federal spending year after year. This bill responsible approach pushing the FAA forward, but doing wisely. Mr. Chair, rise join with Mr. HALL, Chairman the House Science, Space, and Technology Committee, urge all Members support passage H.R. 658, the FAA Reauthorization and Reform Act 2011. This good and balanced bill that will help advance important modernization and safety programs the FAA, and fiscally responsible manner. The Space and Aeronautics Subcommittee, which chair, held oversight hearing February that focused FAAs research and development activities. Witnesses from FAA, industry, external advisory panel FAA, and the DOT Inspector General spoke general agreement about the importance FAAs research and development portfolio, with the non-agency witnesses also offering constructive suggestions for improvement. chief importance the agency and industry development and implementation the Next Generation Air Transportation System program. NextGen will modernize our nations air traffic control system, increasing its capacity, safety, security, and efficiency, but this ambitious program will not succeed without well-structured, well-managed research and development program that will deliver appropriate technologies when and where theyre required. offer few examples, currently there NextGen-related research focused increasing our weather prediction capability; research better understand human factors highly automated environment; wake turbulence prediction; and research aircraft technologies. Ultimately, tens billions dollars are stake both government and industry were enable the full realization NextGen, and ensure its success the agency needs strong RD program. Title H.R. 658 also supports FAAs traditional safety research, and directs the agencyin coordination with NASAto assess the environmental impact aviation. clear, the environmental research will help FAA better measure the effects aviation, and where warranted, develop technologies mitigate them. For example, using biomass-based feedstock develop jet fuel. But just importantly, environmental assessment will also give industry baseline against which progress impacts can measured, which metric not have today. There are some Members who may argue that this bill counterproductive because reduces FAAs authorization levels, asserting, for instance, that imperils public safety eliminating safety-related research. those who raise such claims, respectfully disagree. this bill, were not eliminating any program. What are asking FAA prioritize and make choices. Most folks Washington and home acknowledge that cannot afford business usual routinely increasing federal spending year after year. This bill responsible approach pushing the FAA forward, but doing wisely. The Acting CHAIR. All time has expired for the Committee Science, Space, and Technology. Mr. RAHALL. Mr. Chairman, how much time remaining? The Acting CHAIR. The gentleman from West Virginia has 212 minutes remaining, and the gentleman from Florida has 312 minutes. Mr. RAHALL. Mr. Chairman, yield minute the gentlewoman from Texas (Ms. JACKSON LEE). Ms. JACKSON LEE Texas. Let applaud the work this committee, and particularly Mr. RAHALL and Mr. COSTELLO, whom work very closely with. serve ranking member the Transportation Security Committee, and cant imagine more perfect fit than the question safety and security for our traveling public, and thank the chairman the full committee and others associated with this legislation, however disappointed having come the floor and raise questions about our next steps. And particularly devastated about the cuts the FAAs Next Generation Air Traffic System, the NextGen. Whenever you think air traffic controllers, want you think them first responders, which will discuss amendment that have regarding the issue ensuring the kind staffing needs necessary engage security. But further, since have one the largest airports the country, Bush Intercontinental Airport, which were proud name, disappointed that the FAA Improvement Program has been cut and, therefore, construction improving runways, taxiways, terminals. Theres one thing about getting and getting the air and having that beautiful feeling. But what about coming down and not being able work? The Acting CHAIR. The time the gentlewoman has expired. Mr. RAHALL. yield additional seconds. Ms. JACKSON LEE Texas. And let say disappointed that would have Shuster amendment that would really put dent the pilot fatigue rulemaking. That very important. And then course the issue dealing with the Costello-LaTourette amendment, which support. How can you win 70,000, then you count the people who didnt vote, and you lose 150,000? Lets fair. Lets have bill that responds the needs all. Mr. RAHALL. yield myself the balance time. Mr. Chairman, really appreciate the sincere efforts the chairman committee Mr. MICA, the subcommittee chairman Mr. PETRI, and our ranking Democrat the subcommittee, Mr. COSTELLO. There have been serious efforts work bipartisan way, but fully realize that the majoritys side lot these decisions, lot these funding levels are not necessarily made March 31, 2011 CONGRESSIONAL RECORD HOUSE H2139 the chairman the full committee and the chairman the subcommittee, but rather other forces that are out there the majoritys side. also recognize that lot these decisions are made levels higher than the chairmans, levels higher than even that which airplanes fly. this not all necessarily the chairmans fault. think would fair warn the body that the administration has issued their position this legislation. And they say that the funding were appropriated the levels proposed the bill, the safe and efficient movement air traffic, the ground and the air, would degraded today and the future. And, more importantly, the administration has reiterated its opposition the poison pill labor provisions this bill, and has said the President presented with bill that would not safeguard the ability railroad and airline workers decide whether not they would represented union based upon majority the ballots cast election, that would degrade safe and efficient air travel, his senior advisers would recommend that veto the bill. Mr. Chairman, urge that the House not accept this bill. have even further degrading amendments safety that will come later the amendment process that want reference very quickly this point, including one that would allow more flyovers sports events. The Acting CHAIR. The time the gentleman has expired. Mr. MICA. yield the gentleman additional seconds. Mr. RAHALL. appreciate it. Thank you, Mr. Chairman. This would against ban instituted after 9/11 that prohibited flyovers sports events for safety reasons. that comes later the amendment process. think just shows the threats that are posing the safety the air traveling public this bill were pass is. urge its opposition. Mr. MICA. Mr. Chairman, close debate the long overdue FAA reauthorization, first have thank copartner this, the gentleman from West Virginia (Mr. RAHALL). gentleman. great work with him. have thank also Mr. PETRI, the chair the Aviation Subcommittee, and Mr. COSTELLO, two gentlemen who have worked hard bring the bill this point. has been struggle for years, and now, get here. But pleased that are this point. There are differences opinion about the bill. have take moment thank staff both sides. They are great, and have been working together get this point. And will debate the amendments and the differences, and then will hopefully pass this and get people working and get our aviation policies secure for the Nation. 1610 have thank Mr. HALL, the chairman the Science and Technology Committee, for his provisions make certain that research aviation done. Mr. CAMP brought proposal here from Ways and Means that doesnt raise taxes, that doesnt increase fees. There are passenger facility increases. those kinds things. brought bill. does have $59 billion over yearsthis isnt small potatoesand can, properly expended and wisely applied, can well for the Nation, ensuring safety programs that are important and moving jobs that are critical. 9.3 percent our economy depends this legislation. The colloquy between Mr. SHUSTER and the gentlelady from South Dakota (Mrs. NOEM) and the gentleman from North Dakota (Mr. BERG) and the gentleman from Pennsylvania (Mr. THOMPSON) Essential Air Service, understand their concerns and their great advocacy for their constituents and making certain that service there. have sunset provision. will work with them and will our best. But agreed work with them, and reconfirm that here. Finally, letters support. You heard the other side state that nobody supports this. have list major associations, every major organization the aviation industry, and will submit that for the record. the question AIA support, have letter support from Marion Blakey, showing their support this legislation. conclusion, are doing here something that needs done. This very important. has been left aside. Seventeen extensions. When the other side, course, had huge majorities, they could have done this almost unanimous consent with the President. Now, the President threatened veto this. not going say, Make day, but want say that this fair provision, fair everyone labor, fair everyone who wants join labor union, keep years law that has been the books and not change because you have jerry-rigged the membership the National Mediation Board. lets fair, fair going and fair coming out. This provision that have the bill creates fairness. BROAD SUPPORT FOR H.R. 658FAA REAUTHORIZATION AND REFORM ACT 2011 Aerospace Industries Association (AIA); General Aviation Manufacturers Association (GAMA); Air Transport Association (ATA); Experimental Aircraft Association (EAA); International Association Fire Chiefs; Air Medical Operators Association (AMOA); Association Air Medical Services (AAMS); Aeronautical Repair Station Association (ARSA); U.S. Chamber Commerce; Cargo Airline Association (CAA); National Business Aviation Association (NBAA); National Air Transport Association (NATA); National Air Carrier Association (NACA); Association Unmanned Vehicle Systems International (AUVSI); Alliance for Worker Freedom; AdvaMed; Airforwarders Association; Association Home Appliance Manufacturers; ATT; Boston Scientific; Consumer Electronics Association.; Consumer Electronics Retailers Coalition; CTIAThe Wireless Association. Dangerous Goods Advisory Council; DHL; Express Association America; FedEx Corporation; Garmin; Hewlett-Packard; International Air Transport Association (IATA); Information Technology Industry Council; Johnson Controls; Motorola Mobility; Motorola Solutions; National Association Manufacturers; National Electrical Manufacturers Association; National Retail Federation; Power Tool Institute; PRBAThe Rechargeable Battery Association; Retail Industry Leaders Association; Samsung SDI; Security Industry Association; Sony; UPS; The International Air Cargo Association. AEROSPACE INDUSTRIES ASSOCIATION, Arlington, VA, February 16, 2011. Hon. JOHN MICA, Chairman, Committee Transportation and Infrastructure, House Representatives. Hon. NICK RAHALL, Ranking Member, Committee Transportation and Infrastructure, House Representa tives. CHAIRMAN MICA, AND RANKING MEMBER RAHALL; write today express the Aerospace Industries Associations (AIA) support for the Federal Aviation Administration (FAA) Reauthorization and Reform Act 2011 (H.R. 658), introduced the House Transportation and Infrastructure Aviation Subcommittee February 11, 2011. During February testimony, outlined number initiatives the FAA may undertake reduce duplicative efforts, measure the effectiveness existing processes, and capitalize the experience and efficiency the private sector. These efficiencies are paramount ensuring the FAAs ability maintain the highest level safety, provide oversight responsibilities without delaying manufacturers ability compete internationally, and aggressively advance the Next Generation Air Transportation System (NextGen). AIA pleased with the Committees decision address key policies such environmental streamlining, third party performance based navigation procedure design, and the establishment NextGen performance metrics. Further, the Committees acknowledgement the benefits bilateral aviation safety agreements and risk based inspection regime when applied repair station oversight cannot overstated. These carefully negotiated agreements increase FAAs efficiency, enhance FAAs international safety oversight and help protect U.S. jobs. FAA the global gold standard for aviation safety and standards. U.S. civil aviation manufacturers are the world leaders advanced aerospace technology, innovative satellite-based procedures and airspace design. The policies outlined H.R. 658 permit the FAA not only pursue efficiencies for the flying public but also protect the investment the American taxpayer. AIA can provide any technical assistance answer any questions, please not hesitate call directly. Sincerely, MARION BLAKEY. GENERAL AVIATION MANUFACTURERS ASSOCIATION, Washington, DC. STATEMENT PETE BUNCE INTRODUCTION H.R. 658, THE FAA REAUTHORIZATION AND REFORM ACT 2011 welcome the leadership Chairmen Mica and Petri developing and introducing this legislation and look forward H2140 CONGRESSIONAL RECORD HOUSE March 31, 2011 working with them and ranking members Rahall and Costello its passage. There have been far too many delays reauthorizing the programs the FAA and hope that timely action will continue. H.R. 658 contains many provisions important general aviation manufacturers including: (1) strengthening the ability FAA implement the procedures, policies, and technology necessary for the success NextGen; (2) enhancing repair station safety oversight through risk-based approach and leveraging safety resources efficiently; (3) supporting critical safety agreement between the U.S. and Europe; (4) reviewing and reforming existing FAA certification processes streamline and make more efficient the current system without compromising safety; and (5) establishing FAA-industry group ensure consistent interpretation regulations and effective communication about potential changes. look forward continuing work with all members Congress ensure that the funding levels the bill will support critical NextGen investments and the certification resources necessary create jobs this country and maintain our global competitiveness. CHAMBER COMMERCE THE UNITED STATES AMERICA, Washington, DC, March 31, 2011. THE MEMBERS THE U.S. HOUSE REPRESENTATIVES: The U.S. Chamber Commerce, the worlds largest business federation representing the interests more than three million businesses and organizations every size, sector, and region, urges Congress reauthorize federal aviation programs. H.R. 658, the Federal Aviation Administration (FAA) Reauthorization and Reform Act 2011 important step toward achieving this goal. The Chamber strongly supports several provisions H.R. 658 and provisions expected included the managers amendment. However, the Chamber strongly opposes amendments that have been filed regarding lithium-ion batteries and repeal National Mediation Board rule and supports amendment improve the FAA rulemaking process. Improving and modernizing the air traffic control system, which the heart Americas aviation woes, must national priority. The U.S. aviation system must transform meet the expected percent increase fliers 2015 expediting air traffic control modernization and providing the necessary investment increase national aviation system capacity. Moreover, investment Americas transportation system important U.S. productivity and economic competitiveness the long run, and investment transportation infrastructure supports jobs the near term. The Chamber supports several policy related provisions H.R. 658 and the managers amendment that would: Strengthen the ability FAA implement the policies, procedures and technologies needed fully implement the Next Generation Air Traffic Control system (NextGen). Assist the aviation community with aircraft equipage necessary move NextGen forward. Without ensuring that air infrastructureadvanced technologies installed aircraft, commonly referred equipageis aligned with ground infrastructure, the benefits NextGen cannot realized fully and the return the investment the air transportation system will delayed. Because the significant costs associated with aircraft equipage, assistance needed. According the Air Transport Association, the equipage cost for ADSB could total between $3.5 and billion. For the aviation community benefit from these technologies, the FAA must implement more efficient routings and changed procedures and provide federal funding assistance achieve implementation such requirement. Preserve the effective and efficient Block Aircraft Registration Request (BARR) program, which allows business aircraft operators with privacy security concerns for their operations request that Aircraft Situation Display Industry (ASDI) data provided the Federal Aviation Administration blocked from public dissemination. These requests are routinely honored, and FAA has provided data demonstrate that changes the BARR program are necessary. With respect funding levels, the Chamber strongly supports provisions the bill that would provide robust General Fund contribution aviation programs. Historically, the general fund has been used pay for significant portion the FAAs costs, which provides important public interests including: national defense; emergency preparedness; postal delivery; medical emergencies; and full implementation national passenger and freight air transportation system. However, the Chamber concerned with overall reduced funding levels H.R. 658. particular concern are cuts the Airport Improvement Program. The Airport Improvement Program important source funding for capital projects and contributes safe, secure, and efficient airport facilities. The proposed funding levels fall short the amounts needed maintain, modernize and expand critical aviation infrastructure. addition, decreased funding for this program would reduce jobs supported these projects. urge Congress address this important issue during the conference. The Chamber concerned with several amendments that may considered during floor debate H.R. 658 related to: FAA Rulemaking: The Chamber strongly supports amendment filed Rep. Shuster that would require FAA consider different industry segments its rulemaking proceedings and perform comprehensive cost-benefit analyses. FAA practice certain rulemakings has been overlook significant operational differences within the industry and promulgate rules that impose substantial costs without producing commensurate benefits. National Mediation Board: The Chamber strongly opposes amendment filed Rep. LaTourette that would remove Section 903 H.R. 658. This section the bill would repeal recent revisions the National Mediation Board made its regulations concerning union organizing under the Railway Labor Act. The National Mediation Boards revisions, which were made the request the AFLCIO, overturned more than years precedent and make possible for union organized without the support majority employees the craft class. Strong policy arguments favor the time-tested rule jettisoned the Board. Further, while the Board has made much easier form union has not addressed the double standard that makes nearly impossible for employees decertify unwanted union. addition, the regulatory process that led the adoption the rule was little more than sham. The Board majority not only excluded the single minority member from deliberations over the rule, but censored her dissent. Furthermore, while the rule was contentious enough draw thousands comments, the Board did not change single word the proposed rule when was finalized. Simply put, the Boards regulatory process this process was egregiously flawed. Congress should not permit agency set policy such manner. Lithium Ion batteries: The Chamber strongly opposes amendment Rep. Filner, which would prevent harmonization federal regulations with international standards concerning the shipment lithium ion batteries. Provisions the managers amendment would help ensure that U.S. regulations governing air shipments lithium batteries and products containing them conform international standards established the International Civil Aviation Organization. Such harmonization would enhance safety and minimize the harsh economic consequences and other burdens complying with multiple inconsistent requirements for transporting our products and from the U.S. The Chamber urges Congress approve multi-year aviation bill, and H.R. 658 important step towards achieving this goal. The Chamber will consider including votes relation the Filner, LaTourette and Shuster amendments our annual How They Voted Scorecard. Sincerely, BRUCE JOSTEN, EXECUTIVE VICE PRESIDENT, Government Affairs. Mr. THOMPSON Pennsylvania. Mr. Chair, the Essential Air Service Program (EAS) assists 140 rural communities across the country that otherwise would not have scheduled air service. long-time proponent the program, believe Congress has obligation provide level playing field for rural Americans when comes transportation and the economic opportunities that the national transportation system provides. Opponents the program claim that wasteful that does not work. Well, disagree with them several accounts. Pennsylvania along with the rest the country had suffered from severe downsizing connecting airports, followed the unfortunate impacts the current recession. Despite these factors, the Commonwealth beginning see increased economic output result the Marcellus Shale natural gas play. The Marcellus has the potential revitalize industry and ancillary businesses throughout the region, resulting amplified air service. other regions the country the economic climate also beginning pick up. prime success story the EAS program has been the Williamsport-Lycoming County Airport, which first entered into the program 2008. Today, the airport longer participating the program because increased economic output the region and the availability flights that make sense for business travelers. This largely direct result the community investment the EAS program, which has lifted them out the program. Today, their direct flight Houston, Texas lends ancillary support the emerging natural gas industry Pennsylvania. Another pending success story Pennsylvanias 5th congressional district the Dubois Regional Airport. Dubois Regional has greatly benefitted from the EAS program and direct result the air service, the airport responsible for contributing the local workforce with 132 jobs and payroll over million, which creates total economic benefit over $28 million the region and state. Mr. Chair, these stories are not unusual. These stories are replicated throughout the communities the EAS Program serves. March 31, 2011 CONGRESSIONAL RECORD HOUSE H2141 Let put this way; there not airport America that does not receive some sort federal assistance for operations capital improvements. Why should this any different for our rural communities? The program not perfect. believe need insert into the law incentives which allow for more community involvement. But, Mr. Chair, cannot good faith support sunset the program included H.R. 658. the legislative process moves forward, will join with those members who share belief that this program works weighing with the conferees, ensure the language which sunsets the program not included the final product the FAA authorization. Mr. PASCRELL. Mr. Chair, come the floor speak about basic notions fairness and democracy. former member the House Transportation Committee, let acknowledge that understand the importance strong and robust FAA Reauthorization Bill. Historically, has been our shared goal modernizing our system, expanding capacity, and putting people work. Unfortunately, nickel and diming the system, the bill the floor today falls short achieving these important goals. Furthermore, todays bill contains poison pill for those Americans working hard our airways and railways that would change the method counting votes union election. Last year, the National Mediation Board rightly decided that union elections for workers the airline and rail industries would counted just count every other vote, whether for President, Congress even when voting legislation here the House Representatives. Its simple: you show and vote yes, its yes. you show and vote no, its no. But this legislation would repeal the ruling the NMB and count ghost votes, because you not show up, youre considered no. cannot continue attack hard working employees across this country for political purposes. urge colleagues support the LaTourette/Costello Amendment strike this misguided section the bill and preserve fairness union elections. also happy that friend, Mr. LOBIONDOs amendment for the NextGen Center Excellence was agreed to. have been with colleague from south Jersey the FAA Tech Center and know that does fantastic job. Supporting these employees also means providing the best training possible, which turn will make our skies safer and the flow commerce better. Finally, would like stand with the families the victims Flight 3407, and oppose the amendment from friend Mr. SHUSTER. need stand behind the law passed last year improve safety standards, and continue demand one strong level safety for the entire aviation industry. Mr. DINGELL. Mr. Chair, rise opposition H.R. 658 currently stands. While support long-term reauthorization the Federal Aviation Administration, this bill the wrong approach doing so. was extremely disappointed the decision Republican colleagues slash funding levels for the FAA billion over the next four years. These proposed cuts would jeopardize the Next Generation Air Transportation System air traffic control modernization efforts and devastate safety-sensitive programs. Worse yet, H.R. 658 slashes the FAAs Airport Improvement Program (AIP) billion through 2014. The AIP program essential for airports handle current traffic levels well build infrastructure address future demand. Not only does help airports build and improve runways, taxiways, and terminals, but also helps airports mitigate noise levels, and improve safety and security their facilities. Please allow give you example how this program has helped the people Michigans 15th congressional district, and why deserves proper levels funding. district contains Detroit Metropolitan Wayne County Airport (DTW), which serves over million passengers annually and one the newest, most operationally-capable, customer-friendly and efficient airports North America with more than 1,200 non-stop flights per day over 160 destinations worldwide. Since 2009, DTW airport has received over $21 million federal grants from the FAA through the AIP program. These grants helped DTW rehabilitate the runaways and taxiways, reduce noise levels, install taxiway lighting, install guidance signs, and install perimeter fencing. DTW had not received these grants, would not have made these upgrades. Thus, the billion cuts contained H.R. 658 will prevent airports like DTW from making necessary upgrades their facilities, prevent the implementation new safety standards, reduce safety personnel, and cost 70,000 jobs around the nation. this bill passes with these budget cuts intact, then passengers airports across the nation can expect increased delays, overcrowded airports, decreased safety, and crumbling infrastructure. therefore urge colleagues reject these cuts, and protect the critical and successful Airport Improvement Program. The FAA Reauthorization and Reform Act, stands, nothing more than job loss bill that will inflict serious turbulence our nations airline industry and transportation infrastructure. understand the need reduce the deficit, but should not such way that threatens passenger safety, airport security, and airfield maintenance. colleagues across the aisle are serious about investing our nations infrastructure and creating jobs, then they should vote rescind these harmful cuts and maintain funding for the FAA 2010 levels. Mr. Chair, strongly urge colleagues vote against this bill unless the proper funding levels are restored. Mr. VAN HOLLEN. Mr. Chair, rise opposition H.R. 658. While need Federal Aviation Administration reauthorization bill, todays legislation takes the wrong direction. Our nations aviation infrastructure critically needs rehabilitation. its 2009 Report Card Americas Infrastructure, the American Society Civil Engineers gave aviation infrastructure D. Investments improvementsto renovate runways, taxiways, and terminals and implement the Next Generation Air Transportation System (NextGen) modernize air traffic controlwould enhance passenger safety and reduce delays. They also create jobsapproximately 35,000 jobs per billion investment. However, rather than making the improvements our aviation system requires, this bill cuts funding back FY2008 levelsa billion cut the first year alone. And funding would stay level, despite increasing need, each year until FY2014. Cuts the Airport Improvement Program alone would cost our nation 70,000 jobs over the next four years. This bills funding reductions have very real impact for passengers. Cutbacks FAA operations could result furloughs for hundreds safety inspectors and slow certification new equipment. reduced budget could also postpone needed investments air traffic control towers, lighting systems, and navigational aids. And the delays NextGen implementation will result more delays, more gridlock, and more runway incursions that endanger passengers. Additionally, this bill contains poison pill one that neither the President nor the Senate will accept. repeals National Mediation Board rule, finalized last year, which allows workers organize based majority votes castthe same way members Congress are elected. Under this legislation, worker does not cast ballot union election, she would counted no vote. This unfair and undemocratic. Mr. Chair, our aviation infrastructure has serious needs. need serious bill address them. Lets end arbitrary and damaging cuts and poison pill provisions and consider bill that puts Americans work rebuilding our nation. Mr. MICA. yield back the balance time. The Acting CHAIR. All time for general debate has expired. Pursuant the rule, the bill shall considered for amendment under the 5-minute rule. lieu the amendment the nature substitute recommended the Committee Transportation and Infrastructure printed the bill, shall order consider original bill for the purpose amendment under the 5-minute rule the amendment the nature substitute consisting the text the Rules Committee Print dated March 22, 2011. The amendment the nature substitute shall considered read. The text the amendment the nature substitute follows: H.R. 658 enacted the Senate and House Representatives the United States America Congress assembled, SECTION SHORT TITLE; TABLE CONTENTS. (a) SHORT TITLE.This Act may cited the FAA Reauthorization and Reform Act 2011. (b) TABLE CONTENTS. Sec. Short title; table contents. Sec. Amendments title 49, United States Code. Sec. Effective date. TITLE IAUTHORIZATIONS Subtitle AFunding FAA Programs Sec. 101. Airport planning and development and noise compatibility planning and programs. Sec. 102. Air navigation facilities and equip ment. Sec. 103. FAA operations. Sec. 104. Funding for aviation programs. Sec. 105. Delineation Next Generation Air Transportation System projects. Sec. 106. Funding for administrative expenses for airport programs. H2142 CONGRESSIONAL RECORD HOUSE March 31, 2011 Subtitle BPassenger Facility Charges Sec. 111. Passenger facility charges. Sec. 112. Airport access flexibility program. Sec. 113. GAO study alternative means collecting PFCs. Sec. 114. Qualifications-based selection. Subtitle CFees for FAA Services Sec. 121. Update overflights. Sec. 122. Registration fees. Subtitle DAirport Improvement Program Modifications Sec. 131. Airport master plans. Sec. 132. Aerotropolis transportation systems. Sec. 133. AIP definitions. Sec. 134. Recycling plans for airports. Sec. 135. Contents competition plans. Sec. 136. Grant assurances. Sec. 137. Agreements granting through-the-fence access general aviation airports. Sec. 138. Government share project costs. Sec. 139. Allowable project costs. Sec. 140. Veterans preference. Sec. 141. Standardizing certification disadvantaged business enterprises. Sec. 142. Special apportionment rules. Sec. 143. Apportionments. Sec. 144. Marshall Islands, Micronesia, and Palau. Sec. 145. Designating current and former military airports. Sec. 146. Contract tower program. Sec. 147. Resolution disputes concerning airport fees. Sec. 148. Sale private airports public sponsors. Sec. 149. Repeal certain limitations Metropolitan Washington Airports Authority. Sec. 150. Midway Island Airport. Sec. 151. Miscellaneous amendments. Sec. 152. Extension grant authority for compatible land use planning and projects State and local governments. Sec. 153. Priority review construction projects cold weather States. Sec. 154. Study national plan integrated airport systems. Sec. 155. Transfers terminal area air navigation equipment airport spon sors. Sec. 156. Airport privatization program. TITLE IINEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATION Sec. 201. Definitions. Sec. 202. NextGen demonstrations and concepts. Sec. 203. Clarification authority enter into reimbursable agreements. Sec. 204. Chief NextGen Officer. Sec. 205. Definition air navigation facility. Sec. 206. Clarification acquisition reform authority. Sec. 207. Assistance foreign aviation authorities. Sec. 208. Next Generation Air Transportation System Joint Planning and Development Office. Sec. 209. Next Generation Air Transportation Senior Policy Committee. Sec. 210. Improved management property inventory. Sec. 211. Automatic dependent surveillance-broadcast services. Sec. 212. Expert review enterprise architecture for NextGen. Sec. 213. Acceleration NextGen technologies. Sec. 214. Performance metrics. Sec. 215. Certification standards and resources. Sec. 216.