[Congressional Record Volume 141, Number 81 (Tuesday, May 16, 1995)]
[Extensions of Remarks]
[Pages E1050-E1051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


         THE FEDERAL AVIATION ADMINISTRATION REFORM ACT OF 1995

                                 ______


                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                         Tuesday, May 16, 1995
  Mr. OBERSTAR. Mr. Speaker, I am pleased to cosponsor H.R. 1392, the 
Federal Aviation Administration Reform Act of 1995, introduced by our 
colleague, Jim Lightfoot. Congressman Lightfoot's bill makes important 
reforms which will enhance FAA's ability to carry out its 
responsibilities, while preserving FAA's basic structure which has 
enabled the agency to become the world's finest. Although I have 
reservations about some provisions in the Lightfoot bill, overall it is 
a major contribution to our effort to reform the FAA.
  I strongly support the provisions in H.R. 1392 which would take FAA 
out of the Department of Transportation and make FAA an independent 
agency. This reform has been supported by 10 of the 11 living former 
Administrators of FAA. The strong support of the former Administrators 
should be given great weight, in view of their distinguished careers in 
the military and private sector, and the fact that they served our a 
period of more than 30 years, under Presidents of both parties, from 
John F. Kennedy to George Bush.
  As the former Administrators have pointed out, FAA's responsibilities 
to develop the aviation infrastructure and to ensure aviation safety 
and security are basically technical in nature. FAA's skilled 
professionals are well equipped to carry out these responsibilities, 
without second guessing from political appointees at the Department of 
Transportation.
  I have observed DOT's oversight of FAA for many years. DOT's review 
often does little more than delay important decisions. In some 
instances, DOT overrules sound FAA decisions, on ideological grounds, 
or to gain short term public relations advantages.
  I would also emphasize that all 11 of the living former 
Administrators strongly opposed a reform which is not in the Lightfoot 
bill, but has been proposed by the Department of Transportation; to 
split FAA into a quasi-public corporation, like the Postal Service, for 
air traffic control and a rump FAA to regulate the corporation and 
carry out FAA's other responsibilities. In hearings before the Aviation 
Subcommittee, Najeeb Halaby, FAA Administrators from 1961 to 1965, 
testified that: ``Corporatizing part of the FAA could disintegrate the 
present comprehensive system of safety which has served the nation so 
well. It would result in potential serious conflict between the new 
corporation, the NTSB and the DOT/FAA. Since the proposed corporation 
would be a monopoly, it would not achieve the savings of free 
competition. Since it would be a federal corporation, the public would 
not consider that federal employees really had been reduced or true 
savings achieved. . .''
  Administrator Halaby's statement was specifically endorsed by all 11 
former Administrators.
  The Lightfoot bill makes important reforms in the laws and 
regulations governing FAA's procurement of equipment and FAA's 
relationship with its skilled work force. FAA is now governed by 
burdensome procurement laws and regulations which have slowed FAA's 
program to modernize the air traffic control system. Equally burdensome 
laws and regulations on personnel have limited FAA's ability to recruit 
scientific and engineering professionals and to fully staff air traffic 
control facilities in high cost of living areas. The Lightfoot bill 
adopts a balanced approach to these problems by giving FAA flexibility 
to develop its own procurement and personnel systems, while retaining 
an opportunity for Congress to review these programs before they are 
implemented. Congress would also review the new personnel and 
procurement programs in the year 2002 when they would need to be 
reauthorized. The personnel and procurement reform programs developed 
under the Lightfoot bill would not only benefit FAA, but would also 
provide important data for reforming these processes for other 
Government agencies.
  I am also supportive of the provision in the Lightfoot bill which 
gives the FAA Administrator a 7-year term in office. In recent years, 
Administrators have often served for 2 years or less. This is not 
enough time to ensure that needed reforms are implemented. The turnover 
in Administrators has caused reform to proceed by fits and starts, and 
prevented a sustained, consistent approach. Last year we passed 
legislation giving the Administrator a 5-year term in office. A 7-year 
term would be even better.
  I have reservations about the provision in the Lightfoot bill to 
establish a panel to consider innovative financing mechanisms to ensure 
adequate funding for aviation infrastructure needs. We do not need a 
panel to discover that the basic problem is that the more than $5 
billion a year generated by excise taxes on aviation system users, such 
as the 10 percent tax on airline passengers, is not being fully spent 
to develop the aviation infrastructure. The failure to fully spend 
these revenues is a breach of faith with aviation users. The taxes were 
imposed in 1970 for the purpose of financing the airport and airway 
trust fund which supports development of the air traffic control system 
and airports. In recent years, the user contributions have not been 
fully spent, but have been used to reduce the deficit in the general 
budget. The cumulative amount of taxes which has not been spent now 
totals more than $3 billion. A critical step in overcoming this problem 
is to pass H.R. 842, which would take the trust fund out of the budget 
process and permit all funds contributed by users to be spent for the 
intended purpose of developing our Nation's airports and air traffic 
control system.
  Overall, I believe that the Lightfoot bill makes a major contribution 
to FAA Reform. I look forward to working with Congressman Lightfoot and 
my colleagues on the Committee on Transportation and Infrastructure to 
develop an FAA reform bill which will ensure that [[Page E1051]] we 
will continue to have the world's finest aviation system.


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