[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11715-S11717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                THE FEDERAL AVIATION AUTHORIZATION BILL

  Mr. PRESSLER. Mr. President, as chairman of the conference on H.R. 
3539, the Federal Aviation Authorization Act of l996, I rise to urge my 
colleagues to permit the Senate to immediately proceed to consideration 
of the conference report for this critically important legislation. 
H.R. 3539 is a bipartisan, omnibus aviation bill which reauthorizes the 
Airport Improvement Program [AIP], reforms the Federal Aviation 
Administration, improves aviation safety and security, and provides 
long overdue assistance to the families of victims of aviation 
disasters.
  Mr. President, it is absolutely imperative that the Senate approves 
this conference report before we adjourn and that the President signs 
the report. Yesterday, the House met its responsibility to the American 
traveling public by passing this legislation. If the Senate fails to 
approve this excellent legislation which represents another significant 
legislative accomplishment for this body, we will have failed to meet 
our responsibility to the American traveling public. For example, if we 
do not approve this report, airports across the country will not 
receive Federal funding which is vital for safety-related repairs and 
other improvements.
  If we fail to pass this report, the Senate will have neglected our 
responsibility to ensure the United States maintains the safest and 
most secure aviation system in the world. For example, the conference 
report implements many of the aviation security recommendations made by 
the White House Commission on Aviation Safety and Security earlier this 
month.
  Mr. President, there are dozens of important provisions in this 
legislation,

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but I would like to focus my remarks on four main areas.
  First, aviation security. Air transportation in this country is safe. 
Indeed, it remains the safest form of travel. However, we can and we 
must do more. This legislation facilitates the replacement of outdated 
air traffic control equipment. It puts in place a mechanism to evaluate 
FAA's long-term funding which is critically important at a time in 
which enplanements continue to increase yet Federal budget constraints 
limit the ability of the FAA to respond to the increased needs of our 
aviation system. Additionally, this legislation eliminates the FAA's 
dual mandate. It ensures the FAA finally focuses solely on aviation 
safety.
  A second area I want to highlight is aviation security. This 
conference report contains numerous provisions designed to improve 
security at our Nation's airlines and airports. The measure before us 
today incorporates many of the recommendations of the White House 
Commission on Aviation Safety and Security of which I am a member. In 
fact, this legislation provides statutory authority requested by the 
President to implement several of the Commission's recommendations. 
Passage of this bill will improve aviation security by: speeding 
deployment of the latest explosive detection devices; enhancing 
passenger screening processes; requiring criminal history record checks 
on screeners; requiring regular joint threat assessments; and 
encouraging other innovative procedures to improve overall aviation 
security such as automated passenger profiling.
  The third area I wish to highlight is how this legislation will help 
small community air service and small airports. The legislation before 
us today reauthorizes the Essential Air Service Program at the level of 
$50 million. This program is vital to States such as South Dakota. By 
adjusting the formula for AIP funds, we would now ensure that all 
airports receive virtually all their entitlement funds in addition to 
being eligible for discretionary funds. This is great news for small 
airports which in recent years have received far less than their full 
and fair share of these funds. Also, the legislation directs the 
Secretary of Transportation to conduct a comprehensive study on rural 
air service and fares. For too long, small communities have been forced 
to endure higher fares as a result of inadequate competition. The 
Department of Transportation will now look into this issue as a result 
of this conference report. This follows on the important work that I 
instructed the General Accounting Office to initiate last year.

  Mr. President, the final area I wish to highlight is the 
compassionate measures this legislation would put in place for the 
families of victims of aviation disasters. Last week, I chaired a 
hearing of the Commerce Committee in which the families of victims of 
five aviation tragedies courageously told the committee of their 
harrowing experiences. I promised those witnesses, as well as other 
families of victims in the room, that Congress finally would act this 
year to put in place measures to improve the treatment families 
receive, protect their privacy in a time of grief, ensure they receive 
timely and accurate information, and address a number of other concerns 
they eloquently voiced to the committee. The family advocacy and 
assistance provisions in this conference report are supported by these 
families and I hope the Senate will help me keep my promise to families 
who already have suffered enough. I hope we do not disappoint them.
  Mr. President, despite all the vitally important aviation safety and 
security provisions in this legislation, I understand a very small 
group of Senators are concerned about one provision in the legislation 
which makes a technical correction affecting Federal Express. I refer 
to the amendment the ranking member of the Commerce Committee, Senator 
Hollings, offered in conference to correct a technical error in the 
Interstate Commerce Commission Termination Act of 1995. It is time we 
reach an agreement on this issue.
  The Hollings amendment, which I strongly support, is not the partisan 
provision these Senators believe it to be. All five Senate conferees--
Senator McCain, Senator Stevens, Senator Hollings, Senator Ford and I--
voted in favor of that amendment because, despite all the rhetoric, it 
is simply a technical correction which fairness dictates the Congress 
make.
  I would like to briefly discuss the rhetoric that has clouded the 
Hollings amendment issue and, regrettably, has transformed the Hollings 
amendment into an issue which some now feel is more important than 
enhancing aviation safety and security. When the House debated the 
conference report, I heard a number of Members make blanket statements 
that the Hollings amendment is not truly a technical correction. Those 
same Members claimed their statements were based on their purported 
knowledge of the Senate's intent when it considered and overwhelmingly 
passed the ICC Termination Act. With all due respect to those Members 
of the House, I authored the ICC Termination Act and can unequivocally 
say they are dead wrong. The Hollings amendment is nothing more than a 
technical correction.
  Let me explain. Prior to the Interstate Commerce Commission 
Termination Act of 1995, the Railway Labor Act had jurisdiction over 
carriers including express companies. A conforming amendment in the ICC 
Termination Act inadvertently dropped express companies from the scope 
of the Railway Labor Act. As the author of the ICC Termination Act, I 
can say unequivocally that the Senate never intended to strip Federal 
Express or any person of rights without the benefit of a hearing, 
debate, or even discussion. Section 10501 of the ICC Termination Act 
makes that point crystal clear. Section 10501 states ``[t]he enactment 
of the ICC Termination Act of 1995 shall neither expand nor contract 
coverage of employees or employers by the Railway Labor Act.''
  Mr. President, fairness dictates we correct that inadvertent 
technical error. That is precisely what the Hollings amendment does. It 
is exactly why I supported it in conference. It is why I continue to 
strongly support it. Contrary to what some Senators have claimed, it is 
my understanding the Hollings amendment will not create any new labor 
protections which Federal Express did not have prior to enactment of 
the technical error in the ICC Termination Act. Nor will it broaden 
labor protections Federal Express previously had. The amendment is 
precisely what it purports to be, a technical correction.

  The conference report should be on the floor for consideration and we 
should be debating a truly historic piece of aviation legislation which 
reflects the outstanding work Congress does when it proceeds on a 
bipartisan basis. Unfortunately, instead of discharging our duty to the 
American traveling public, the Senate is bogged down in procedural 
maneuvers by a small group of Senators to prevent the conference report 
accompanying H.R. 3539 from being considered by the Senate. Why? We 
cannot consider this vital legislation because a small group of 
Senators does not support the Hollings amendment which is contained in 
just 5 lines of a 189-page bill. All too often, Congress is criticized 
for losing sight of the big picture. Today, regrettably, the Senate is 
reinforcing that perception.
  Some members of the American public watching these proceedings either 
from the gallery or on C-SPAN will understandably ask themselves ``has 
the Senate lost sight of the goal of ensuring the safety and security 
of air travel in the United States?'' Others will ask themselves ``has 
the Senate forgotten the importance of safety-related repairs and other 
improvements at our Nation's airports?'' And the family members of 
aviation disaster victims will correctly ask ``why has the Senate 
failed to listen to our pleas to put in place measures to improve the 
treatment of families of future aviation disaster victims?"
  And, Mr. President, each and every one of these questions is 
perfectly valid. If we fail to pass this conference report before we 
adjourn, I would hate to be in the position of having to answer them.
  We owe it to the American public to preempt these questions by 
resisting the invitation to lose sight of the bigger picture. Today, we 
are trying to pass an historic aviation safety and security bill. Let 
us get the job done for the American public. I urge that the

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Senate immediately take up for consideration the conference report to 
accompany H.R. 3539.
  Let me add that I pledge to join whatever efforts the Senator from 
Alaska, who is in the chair, or others take to ensure this conference 
report passes before we adjourn. This legislation is yet another 
example of the excellent bipartisan cooperation of the Commerce 
Committee. The Hollings amendment enjoys the bipartisan support of all 
of the Senate conferees. In that bipartisan spirit, I urge Senators 
from both sides of the aisle to join our effort to pass the FAA 
conference report.

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