[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Pages S11819-S11824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT TO ACCOMPANY THE FEDERAL AVIATION AUTHORIZATION ACT 
                                OF 1996

  Mr. STEVENS. Mr. President, I come to the floor today to again 
address the question of the failure to approve the conference report on 
the aviation trust fund. This is the Federal Aviation Authorization Act 
of 1996.
  Mr. President, the bill before us contains the funding for the 
Government. We have already dealt with the appropriations for 
transportation. But the conference report on the Aviation Authorization 
Act for 1996 contains the authority to spend the money. There currently 
is just $50 million, out of a $1.46 billion program, left after today 
to continue the work of the modernization of our airports and airways. 
We have worked now 2 years--a bipartisan group--to try and improve the 
safety and security of the Federal aviation system.
  I give great credit to the chairman of the Commerce Committee, 
Senator Pressler, the ranking member, Senator Hollings, and to the 
chairman of the aviation subcommittee, Mr. McCain, and the ranking 
member of that committee, the distinguished Senator from Kentucky, Mr. 
Ford. We have, many of us, had differences of opinion on the bill. But 
we found a way to work it out. This bill is absolutely necessary now to 
proceed to strengthen the safety and security of the aviation 
transportation system. I am here this morning to again serve notice to 
the Senate that this bill must be passed before we adjourn sine die. 
Again, let me say, there is only $50 million left in this fund that can 
be expended after today.
  What we are looking at, Mr. President, is a bill that has been 
crafted in order to meet some very important objectives of people who 
are very much involved with the issues of aviation safety. Let me point 
out, for instance, that just this past week we, once again, had a 
hearing with regard to the rights of those people who are survivors of 
victims of air disasters.
  Mr. SIMON. Will my colleague yield?
  Mr. STEVENS. I am not prepared to yield during this statement, Mr. 
President. I don't intend to take much time. I want to alert the 
Senate--and I know the Senator from Illinois has a matter he wishes to 
bring up that is quite similar to what I am talking about. But I would 
like to finish my statement.
  We had Victoria Cummock, a survivor of a victim of the Pan Am crash. 
She has done a great deal to alert families who have been similarly 
affected of the need for Federal legislation to deal with family 
assistance to those that are affected by these crashes, the survivors 
of the victims of the crashes.
  One of the things they asked us to do was to pass House bill 3923. 
And as I said at the hearing, I don't intend to get too personal about 
this, but I personally know something about victims of air crashes. I 
know that it is necessary for us to wake up and make sure that the 
Federal law does assure assistance to families of passengers involved 
in aircraft accidents. This bill does that. The aviation bill does 
that.
  The bill that is in the conference report that is being held up now 
over one provision in the bill. It requires the Chairman of the 
National Transportation Safety Board to designate and publicize the 
name and phone number of a director of family support services to 
designate an independent nonprofit organization, such as the Red Cross, 
to assist in the taking of responsibility for coordinating the 
emotional care and support for those families. It has a substantial 
designation of assistance, such as providing mental health and 
counseling services, to provide it in the environment in which families 
may grieve in private, meet with families, communicate with families as 
to the role of Government agency, and arrange for a suitable memorial 
service after consultation with the families.

  It is a bill that is absolutely necessary, as we think of the number 
of families that have been affected by these air carrier crashes. It 
will provide that unsolicited communication concerning a potential 
action for personal injury can't be made before 30 days after the 
accident. It does have a requirement that the air carrier submit plans 
to address the needs of families if their aircraft is involved in an 
accident. There is absolute necessity for this bill to pass. It 
establishes a task force within the Department of Transportation to 
assure that this will be done.
  Mr. President, my main reason for addressing the issue, though, is 
the problem of safety at our airports. The Aberdeen, SD, runway has 
almost closed for safety reasons. It has no carryover money. It has to 
have this bill passed today so that money will be available tomorrow. 
In my capital city of Juneau, we have a wind shear problem. It has 
recently developed that the FAA wishes to change the takeoff 
requirements and will not allow a plane to take off until they can 
prove there are no wind shears in the community.
  We have in this bill the authorization for the money to take wind 
shear equipment to Juneau. This is just one of the items. In 
Massachusetts, for instance, as a result of formula changes in this 
bill, the Commonwealth of Massachusetts will receive $3.5 million more 
under its entitlement, which is nearly $1.4 million greater than what 
it gets now. But its Boston airport entitlement and Nantucket 
entitlement both increase. In the State of Wisconsin, they would have 
an apportionment of $1.9 million more in entitlement for the airports. 
In Wisconsin, for instance, Madison's airport--a very interesting 
area--needs the money to proceed with the improvements to their 
airports. This bill is not only airports, but we are talking about 
security provisions.
  We have changed, as a result of the bill that I wish to have brought 
up and passed today, the provisions for the authority to check criminal 
records for security screeners at airports; given new authority for the 
FAA to facilitate interim deployment of advanced aviation security 
technology, including the explosive detection equipment that we must 
have. They can make and will make vulnerability assessments of every 
airport in the country, and they are going to deal with new ways to 
develop passenger profiling. But above all, they are going to have the 
national academy of science work on the explosive detecting and 
aircraft hardening technology.
  This bill cannot wait until we get back next year and organize and 
get around to passing bills. It would be, roughly, February 15, at the 
earliest, before that could be done. Under the essential air service, 
which is absolutely essential to maintain transportation in my State 
and many of the Northern States, funds could not be taken from the 
trust fund if this bill does not pass. There is only a 1-month 
carryover, which means that all of our planes that are involved in 
essential air service will be grounded before December if this bill 
does not pass.
  This is the most critical bill that I can think of in terms of 
aviation safety. I have a whole list of items here that deal with the 
security requirements that are funded by this bill. Huntsville, AL; 
Fort Lauderdale; Fort Myers; Orlando; St. Petersburg; in Atlanta, 
Savannah; Valdosta, GA; Lexington, KY; Greensboro, NC; Wilmington, NC; 
Chattanooga, TN; Nashville,

[[Page S11820]]

TN; in Illinois, the Springfield capital security fencing is absolutely 
required that it be fixed. That money is not there unless this bill 
passes today. It will not be there until the second quarter of the 
fiscal year, at the earliest.
  In Minnesota, there is a firefighting building provided for. I 
believe that is very much associated with security.
  When we go through all of these, Ohio has the largest number of 
security requirements in the country that are funded by this bill. In 
Racine, WI, there are obstructions on the field that must be removed. 
It has one of the highest priorities in the country to deal with this.
  I made a mistake; I said Ohio had the highest number. California has 
the highest number of security requirements and facilities that are 
funded by this bill.
  Mr. President, the question comes down to, ``How can we get this bill 
up?'' There are ways, Mr. President, that we can delay the present bill 
until the FAA bill is brought up. I do not want to do that. I 
appreciate, as I have already said, the work done by the leaders of our 
Appropriations Committee, and the joint leadership of the Congress, to 
see to it that there is no hiatus in funding in terms of our National 
Government at this time.
  But the FAA bill comes before us when the country has been rocked 
with aviation tragedies. ValuJet is just starting to fly today. That 
reminds all of us of the tragedy in Florida. We still have the 
unexplained TWA Flight 800. We have all kinds of speculation concerning 
that. In the wake of the tragedy, the White House had a commission 
chaired by the Vice President. Many of those recommendations are in our 
bill. We have added to them considerably.
  But, clearly, the explosive detection devices are No. 1 in regard to 
our joint effort to find a way to upgrade our security at our Nation's 
airports.
  Mr. President, there is a small group of Senators that are delaying 
this bill because of one provision. It is just as easy for them to come 
in here next year and repeal that. That will not be difficult. If they 
have the votes to repeal it, they can repeal it next year.
  The idea of delaying the safety of the Nation over one amendment--I 
must say, it was an amendment offered on the other side of the aisle, 
which most of us on this side of the aisle supported, but it is a 
provision that corrects a technicality in the law. And the law that was 
passed by Congress, as I understand it, was a mistake in the law.
  But, in any event, why this bill? Why can't these Senators find a way 
to meet their objectives without putting the Nation's safety at risk?
  I want the Senate to know that if this bill does not pass, I am going 
to see to it that the survivor of every victim gets the personal 
telephone number of the people that oppose this bill. I urge people 
involved in this victims' rights committee to get on the phone and call 
these people right now.
  There is no reason for this delay. We have tried our best to work out 
a problem here with regard to aviation safety, and it is the basic 
problem which brought us to the point that we are here today; that is, 
that we were in disagreement as to how to finance future additions to 
the trust fund. There was no dispute among Members of the Senate over 
what we had to do to meet the security requirements, or what we had to 
do to find a way to increase funding. It was as to how we were to do 
it.
  We have had disagreements whether we should have taxes, or whether we 
should have a new entity that replaces the aviation trust fund, or 
whether we should have new fees and find new funding mechanisms. The 
question was not whether we needed more money to modernize our system 
and improve safety, and particularly deal with the increased terrorist 
threat. The question was how to get that money. That is a separate 
issue, but it is not the issue that is delaying this bill.

  What is delaying this bill is about three sentences in the bill that 
deal with an error which was made in the ICC bill passed through the 
Congress. I understand that some people are very disturbed about that. 
I have heard from some people in my State who are very disturbed about 
that. But my answer to them has been, look, this bill means Juneau will 
reopen. This means that the people who are in these areas where the 
money will run out will not face a closure of their airports as Juneau 
has been placed--it means that the essential air services will 
continue. And we will not have to notify the people in 170 villages in 
my State that, ``I am sorry, you can't have Christmas transportation 
because the money has run out. Two or three Senators objected to a 
bill.''
  There is a procedure here, Mr. President, so that we can continue. I 
ask the leadership to join together and notify us. We will stay in 
session until we pass the FAA bill. A procedure has to be followed. It 
is a cloture procedure. It can take a series of days, and it will be a 
severe inconvenience to many Senators. But what is inconvenience to the 
Senators as compared to having additional crashes in this country?
  I usually don't speak--I do speak loudly and angrily, but I do not 
speak with such personal involvement, Mr. President. I cannot conceive 
that anyone would stand in the way of passing legislation that might--I 
can't say it will, but it might--lead to the installation of safety 
equipment which would prevent an aircraft crash in this country.
  I intend to be back and back. I seek the assurance of the leadership 
that we will stay in session to pass this bill. It means tomorrow, 
Wednesday, and probably Thursday before we can get it done. But this 
Senator is prepared. And I am a candidate. I would like to go home. I 
am prepared to stay here as long as it takes to convince these Senators 
that we have the authority in our rules to go around two or three 
Senators to get a bill passed. It may well be that.
  I also urge leadership not to accept the objection of any absent 
Senator. Two of these Senators are not here, and they are sending in 
objections. I am going to start reading off their names the next time. 
If I have to come to the floor, starting tomorrow I am going to talk 
about the Senators personally who are obstructing the passage of a bill 
that is absolutely necessary in the interest of the safety of this 
country.
  Mr. DORGAN. Will the Senator yield?
  Mr. STEVENS. I yield the floor.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. SIMON. Mr. President, I ask unanimous consent to proceed as if in 
morning business.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. SIMON. Mr. President, if I may have the attention of my colleague 
from Alaska, I agree with 99 percent of what he had to say. What 
happened, Mr. President, is that in conference on this very vital 
bill--and the Senator from Alaska is correct when he says this is a 
vital bill--in conference, a matter where the Congress injects itself 
into a labor-management issue of one corporation, an amendment that was 
defeated 10 to 10 in Appropriations Committee when it came up.
  Mr. STEVENS. What was that?
  Mr. SIMON. This is the labor-management issue that was added on. And 
just so there is no misunderstanding, Mr. President, I will introduce 
for myself and Senator Kennedy the FAA bill with this provision 
stripped. I am just going to leave it at the desk. I am not asking 
unanimous consent to move it ahead.
  Clearly, this ought to pass, but we should not at the last minute 
with using the cover of FAA inject ourselves into a labor-management 
issue that has been rejected by Congress before, and all of a sudden in 
the last minute we are trying to get it passed. That is not the way to 
do things. We ought to have hearings. If Congress wants to get in the 
middle of this labor-management fight, let us do it after hearings; let 
us do it very, very carefully.
  Several Senators addressed the Chair.
  Mr. DORGAN. Will the Senator yield to me?
  Mr. SIMON. I am pleased to yield to my colleague from North Dakota.
  Mr. DORGAN. Mr. President, there are a couple of ways for the Senate 
to resolve this issue. One is a cloture vote that prevails, and the 
other is for the provision that is currently in the legislation to be 
withdrawn.
  I want to point out that the Congress, in my judgment, does not have 
the luxury of adjourning and leaving

[[Page S11821]]

this session of Congress not having resolved this issue.
  Mr. SIMON. I agree with my colleague.
  Mr. DORGAN. I agree with the Senators from Alaska and Illinois, and 
others who are dealing with the question of aviation safety and 
aviation security. We have worked on this bill for a long, long while.
  This bill is critically important. Whatever needs to be done must be 
done, because I am joining the Senator from Alaska and others to 
prevent the Congress from finishing its work if they believe that they 
can allow this Congress to end its session without advancing this bill. 
This bill needed to be done this year. It must be done now. Whatever 
can be done to resolve this issue has to be done soon.
  I heard the Senator from Alaska on Saturday come to the floor. I also 
spoke a bit on this. I talked to Senator Lott, the majority leader. I 
have talked to the minority leader. I visited with Senator McCain this 
morning, who has a role in this. I visited half a dozen times with 
Senator Wendell Ford of Kentucky.
  We must solve this problem. The failure to do so will mean that this 
will not be a very orderly ending to this session because this involves 
the safety and security of the people who fly in this country. This 
Congress cannot end its work without solving this issue.

  Mr. SIMON. Mr. President, I could not agree more with the Senator 
from North Dakota. The question is, Are we going to take some amendment 
that was not either in the House bill or the Senate bill where we move 
in and say we are going to take sides in a labor/management dispute? I 
frankly do not know whether the corporation or the labor union is 
right. But I do not think we ought to be moving ourselves into the 
middle of this thing. So, Mr. President, I offer this bill on behalf of 
Senator Kennedy and myself.
  The PRESIDING OFFICER. The bill will be received.
  Mr. STEVENS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. I certainly will yield to the Senator from Arizona, but 
I just want to say passage of that bill will kill the bill. The House 
is not in session.
  Mr. McCAIN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, let me express my deep disappointment that 
the Senator from Illinois would do this at this time. I am a great 
admirer and friend of the Senator from Illinois, but I am telling you, 
I say this in all candor to the Senator from Illinois, you are putting 
in jeopardy the very lives of American citizens who fly on airlines 
today. You know that this was a simple mistake, a drafting error, in 
the Interstate Commerce Commission Termination Act of 1995 that is 
being corrected here. That is why the Senator from Kentucky, the 
Senator from North Dakota, the Senator from South Carolina, and all of 
us on the committee literally unanimously supported this amendment.
  I say to the Senator from Illinois, you are going to cause grave 
danger not only to American citizens, the men and women and families 
who will be making use of the airlines as passengers both domestically 
and internationally, but you will also prevent the much-needed funding 
for airport improvements and security all over America including the 
State of Illinois. I'm talking about over $9 billion annually for 
national needs such as air traffic control; repair, maintenance, and 
modernization of our air traffic control equipment; repair and 
construction of runways, taxiways, and other vital aviation 
infrastructure; the purchase of critical firefighting equipment at our 
Nation's airports and the list goes on and on.
  In fact, I will show the Senator from Illinois--and I will be glad to 
yield to him for a response. The Senator from Illinois should 
understand that in his State there is over $25 million in funding for 
improvements in the aviation system in his State which is badly needed. 
I do not believe there would be that $25 million, over $25 million, in 
improvements which are badly needed in his State, which he is now 
placing in jeopardy by not allowing this aviation funding bill to go 
forward.
  I understand the clout that labor has on that side of the aisle. I 
understand that. I have seen it. I understand it. I know it. I am 
seeing it today in the form of a lot of television commercials that are 
being run all over the country in opposition to some of my friends on 
this side of the aisle. But I say to the Senator from Illinois that he 
is making a very serious mistake here. The Senator from Illinois has 
had a very distinguished career in the Senate. As I said, he has my 
true respect and friendship, and it is clear he has the respect of all 
our colleagues. The little thing we did with the bow ties the other day 
here in the Senate Chamber was a graphic demonstration of the enormous 
affection in which we hold the Senator from Illinois.
  I ask the Senator from Illinois--and I will be glad to yield to him 
without losing my right to the floor in just a minute. I urge the 
Senator from Illinois not to get out in front on this. This is the 
Senator from Massachusetts doing; we all know it. We know it is the 
Senator from Massachusetts, Senator Kennedy, who is leading the 
opposition to this. If the Senator from Massachusetts wants to come to 
the floor and deny that, I will be more than happy to yield to him for 
those purposes. But I urge the Senator from Illinois to understand that 
what we are talking about here is airline safety, airport security, 
ensuring that our Nation's airports will be adequately funded, and most 
important providing for thorough reform, including long-term funding 
reform, of the FAA to secure the resources to ensure we continue to 
have the safest, most efficient air transportation system in the world. 
I say to my friend from Illinois, that is what is so important in the 
FAA reauthorization bill--that is what is in this bill. We are talking 
about the aviation safety and the lives of American citizens, millions 
and millions of whom are using our airlines each and every day. In fact 
by the year 2002, more than 800 million passengers per year will be 
flying the Nation's skies--a 35-percent increase over today's levels. 
We are also talking about much-needed funding for the State of 
Illinois, the State of Arizona, the State of Kentucky, the State of 
Alaska, the State of South Carolina, the State of Massachusetts, and 
others.

  I also wish to remind the Senator from Illinois that in the FAA 
reauthorization conference, the amendment was proposed by the Senator 
from South Carolina, Senator Hollings, not by myself or the Senator 
from Alaska, Senator Stevens, but it was Senator Hollings, strongly 
supported by Senator Ford, who I think is unequaled in his advocacy for 
the people he represents. I think it would be a serious mistake for you 
to continue in your opposition to this critical aviation safety 
legislation.
  Mr. President, I ask unanimous consent to yield the floor to the 
Senator from Illinois without sacrificing my right to the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SIMON. Mr. President, as my colleague from Arizona knows, I have 
great respect for him and the significant contribution he has made in 
so many areas. Everything he says about the necessity for passing this 
bill is correct. But what we are doing in this labor-management 
provision is bypassing the committee of jurisdiction.
  I remind the Senator from Arizona--I do not think he was here when I 
mentioned it--this particular amendment was tried on the Appropriations 
Committee, was defeated in a 10 to 10 vote in the Appropriations 
Committee. It is a matter of real controversy. It injects the U.S. 
Congress into a labor-management dispute. I do not know which side is 
right, but I know that the committee of jurisdiction has not had a 
hearing on this; that the committee of jurisdiction has not acted, and 
all of a sudden we are adding this amendment.
  I do not think that is the way we ought to legislate. As far as my 
friend from Alaska saying the House is not in session, the House 
continues to be in session. They are not going to have any more votes. 
If we pass this without this amendment, it will clear in the House 
without any objection whatsoever. The Senator from Arizona knows that. 
The question is not whether the FAA bill should pass. The question is 
whether it should pass while we insert ourselves into a labor-
management dispute that maybe someone in the Chamber knows more about 
than I do. I do not know

[[Page S11822]]

that much about it. But I do not think we have any business getting 
ourselves in the midst of that thing.
  I thank my colleague for yielding.
  Mr. FORD. Mr. President, will the Senator from Arizona allow me to 
ask the Senator from Illinois a question without his losing his right 
to the floor?
  Mr. McCAIN. Mr. President, I make that request.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FORD. I say to my friend from Illinois, is he aware that this 
piece of legislation, on this amendment he is referring to, was in the 
ICC statutory provisions prior to the reorganization and putting ICC in 
the Department of Transportation?
  Mr. SIMON. Mr. President, I have to tell you I do not know much about 
the history of this at all other than I know we are injecting ourselves 
into this labor-management dispute, which we should not be doing.

  Mr. FORD. In the legislation also, I say to my friend from Illinois, 
there is a statement which says that it shall not be narrowed or 
broadened; it should remain the same. With that language as it relates 
to the transfer of ICC, that means everything will stay the same. The 
bill would not have gotten out of conference, in my judgment, if this 
amendment had not been on it. Now we find, with an amendment on it, it 
may not get through Congress. So all of us were in a catch-22 position. 
But it is very obvious from the legal aspects--I am not a lawyer, but I 
am on the jury--all of the legal experts say that the express part of 
the ICC has been used, has been used several times, has been tested.
  So leaving this out of the legislation is what persuaded some of us 
to try to be helpful. I want to get the bill passed. I understand that. 
But I think you will find that the scorched Earth policy is one that 
will just keep us here for a while. The Senator from Alaska, even 
though he is a candidate--he is up for reelection--is willing under the 
circumstances to encourage his leadership for us to stay here.
  The point is, does the fight get completed in a reasonable time or do 
we have the fight prolonged? I hope, if we are going to have the fight, 
that the Senator and his colleagues, the two or three others, whatever 
number it might be, give us an opportunity to have a cloture vote 
tomorrow and proceed with the passage of this legislation or the defeat 
of it. I hope he will get in that posture so we can do these things the 
bill purports to do and we can go on home.
  I thank the Chair, and I thank my colleague from Arizona.
  Mr. SIMON. If my colleague will yield for 1 minute.
  Mr. McCAIN. I ask unanimous consent to yield to the Senator from 
Illinois without losing my right to the floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SIMON. I am not trying to obstruct this thing. I hope we can work 
out a reasonable answer. I think the reasonable answer is that this 
piece of labor-management legislation ought to be considered by the 
Labor and Human Resources Committee when the Senate comes back into 
session, not stuck on a bill that was neither in the House nor the 
Senate. All of a sudden we are injecting ourselves. I do not think that 
is the way to legislate.
  Mr. McCAIN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. I finally ask unanimous consent to yield to the Senator 
from South Dakota for 1 minute without losing my right to the floor.
  Mr. PRESSLER. Mr. President, I want to commend the Senators from 
Kentucky and Arizona for their great efforts and to say I will 
certainly stay here as long as it takes to pass this bill.
  This bill is critical to pass. In my little State of South Dakota, 
for example, we have all the essential airport funding, we have the 
Federal Aviation flight service, and small States that have small 
airports depend on the airport trust fund. This will be a disaster to 
air safety across the United States. It will be a disaster to 
everything we have been talking about since the major air crashes that 
have occurred, if we cannot pass this bill.
  I am privileged to chair the Commerce, Science, and Transportation 
Committee. Our committee, on a bipartisan basis, on a motion from our 
ranking member, agreed to this amendment. It was a bipartisan effort. 
We must pass this bill. We have worked it out in our committee. It was 
a long-fought, hard-fought bill, and we must pass it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I thank the Senator from South Dakota, the 
distinguished chairman of the committee, without whose leadership and 
without whose enormous efforts we would not be where we are. Have no 
doubt, Mr. President, about the magnitude of this bill. In less than 14 
hours the Federal Government's authority to provide critical funding to 
airports across the country and our national air transportation system, 
including safety and security, will expire, unless we pass the FAA 
reauthorization bill.
  Before the Senator from Kentucky leaves, I wish to thank him for 
everything he has done. His efforts are inspiring to us all.
  You know, Mr. President, the lesson in this legislation is that 
without bipartisan effort, including working with the Administration, 
especially Ms. Linda Daschle, the Deputy Administrator of the FAA, we 
would not have this legislation before us. It was truly a pure, 
bipartisan effort, a product of 2 years of hard work, compromise, and 
literally hundreds and hundreds of hours of meetings. I believe that we 
cannot--we cannot allow it to be derailed at this time. This would be 
unconscionable.
  To start with, I want to correct my previous statement to the Senator 
from Illinois. I am sorry he has had to leave the floor. I was wrong in 
$25 million. The real number is, for the State of Illinois is more than 
$30 million which will be authorized for the State of Illinois. 
Specifically: $9 million is for Chicago O'Hare Airport, $1.8 million is 
for Chicago Midway Airport, $1.1 million is for Quad-City Airport in 
Moline, $860,000 is for greater Peoria Airport, $690,000 is for the 
University of Illinois in Champagne/Urbana, $670,000 is for the Capital 
Airport in Springfield, $525,000 is for Bloomington Airport, $500,000 
is for Greater Rockford Airport, $500,000 is for Decatur Airport, 
$500,000 is for Merrill C. Meigs Airport in Chicago, $500,000 is for 
Quincy Municipal Airport, $500,000 is for Williamson County Airport in 
Marion--the list goes on and on.
  I ask unanimous consent that the primary airport projects for fiscal 
year 1997 that will require entitlement funding for the State of 
Illinois, which is now being placed in jeopardy, be printed in the 
Record.
  There being no objection, the list was ordered to be printed in the 
Record, as follows:

----------------------------------------------------------------------------------------------------------------
                                                                1997 final entitlements                         
 Rank and LOCID       Airport        City and State      PFC       after adjustments            Conference      
                                                                         (Est.)                                 
----------------------------------------------------------------------------------------------------------------
1 ORD..........  Chicago O'Hare     Chicago, IL.....        #                $8,725,060               $8,615,751
                  International.                                                                                
39 MDW.........  Chicago Midway...  Chicago, IL.....        #                 1,656,606                1,824,208
146 MLI........  Quad-City........  Moline, IL......  ........                  849,849                1,061,523
171 PIA........  Greater Peoria     Peoria, IL......  ........                  688,534                  860,028
                  Regional.                                                                                     
203 CMI........  University of      Champaign/        ........                  552,236                  689,783
                  Illinois.          Urbana, IL.                                                                
209 SPI........  Capital..........  Springfield, IL.  ........                  533,829                  666,791
233 BMI........  Bloomington/       Bloomington/      ........                  416,576                  520,333
                  Normal.            Normal, IL.                                                                
239 RFD........  Greater Rockford.  Rockford, IL....  ........                  400,297                  500,000
321 DEC........  Decatur..........  Decatur, IL.....  ........                  400,297                  500,000
329 CGX........  Merrill C. Meigs.  Chicago, IL.....  ........                  400,297                  500,000
368 UIN........  Quincy Municipal   Quincy, IL......  ........                  400,297                  500,000
                  Baldwin.                                                                                      
399 MWA........  Williamson County  Marion, IL......  ........                  400,297                  500,000
----------------------------------------------------------------------------------------------------------------


[[Page S11823]]

  Mr. McCAIN. Let us also be very clear. According to the Senate 
Finance Committee, absolutely no money can be spent out of the aviation 
trust fund without passage of this bill. Title X of the bill provides 
authority for money to be spent out of the aviation trust fund. That 
means--I want to repeat for the benefit of my colleagues--no money for 
aviation safety; airport security; air traffic control repair, 
maintenance, and modernization; repair and construction of runways, 
taxiways, and other vital aviation infrastructure, the purchase of 
firefighting equipment at our airports, Terminal Doppler Weather Radar, 
Airborne Collision Avoidance Systems, and research and development of 
new explosive detection equipment, can not be spent without this bill 
being passed. There is a great deal at stake here.
  I emphasize, again, this is not a partisan bill. This is a bill that 
was worked out with the full cooperation of the administration, 
including the White House, the Department of Transportation, the 
Federal Aviation Administration, the National Transportation Safety 
Board, the Office of Management and Budget, the Department of Defense, 
the Environmental Protection Agency and others--a partnership with 
Senator Ford, Senator Hollings, and the chairman of the committee, 
Senator Pressler. But I say to my colleagues that we will not make very 
critical and vital changes to aviation safety and security and thorough 
reform of the FAA unless we pass this bill.
  Again, I point out that the technical correction amendment, which was 
put on the bill by the Senator from South Carolina, Senator Hollings, 
in conference, was to correct a drafting error in the Interstate 
Commerce Commission Termination Act of 1995, that is acknowledged to 
have been a mistake and nothing else. It should have been included in 
the original ICC bill.
  Let us have no illusion about what is going on here. What is going on 
here is that organized labor is flexing their muscles so they can 
prevent a technical correction which is being made to correct a 
drafting error that was made in previous legislation. Let us have no 
doubt--no doubt at all what we are talking about here.
  Mr. President, I think it is important that we talk about what is 
being included in this bill as far as aviation safety and security is 
concerned. It ensures that the FAA and our Nation's airports, as I 
mentioned, will be adequately funded. I'm talking about over $9 million 
annually for national aviation related needs such as air traffic 
control. But some of the other critical aspects of this legislation are 
that it directs the National Transportation Safety Board to establish a 
program to provide for adequate notification of and advocacy services 
for the families of victims of aircraft accidents.
  I think we know the problems associated with the recent TWA 800 
explosion in New York and the ValuJet crash in Miami and how mishandled 
the notification was to the families in these tragedies. We need to 
correct that now. We do not need to wait until next year or the year 
after. We need to correct the problem, and we do it in this 
legislation.
  This legislation will enhance airline and air travelers' safety by 
requiring airlines to share employment and performance records before 
hiring new pilots.
  We do this in this bill. We found out, in a previous accident of an 
American Airlines commuter aircraft, that a pilot did not have adequate 
training of the kind that was necessary to make sure that the lives of 
the passengers were not endangered. Indeed, they were all killed. One 
of the reasons, in the conclusions of the National Transportation 
Safety Board, was that American Airlines did not have sufficient access 
to their employment and performance records from a previous employment 
with another airline.
  Additionally, this legislation will make sure that the FAA gives high 
priority to implement a fully enhanced safety analysis system, 
including automated surveillance. It bolsters weapons and explosive 
detection technology through research and development. It improves 
standards for airport security, passenger baggage and property 
screeners, including requiring criminal history records checks. It 
requires the FAA to facilitate quick deployment of commercially 
available explosive detection equipment. It contains a sense of the 
Senate on the development of effective passenger profiling programs. It 
requires the NTSB and the FAA to work together to develop a system to 
classify aircraft accident and safety data maintained by the National 
Transportation Safety Board and publish such data. The American public 
deserves to know what the safety record is of the airline that they fly 
on. That is part of this bill.

  It requires all air carriers and airports to conduct periodic 
vulnerability assessments of security systems. It requires the FAA and 
the FBI to carry out a joint threat and vulnerability assessments every 
3 years. It authorizes airports to use project grant money and 
passenger facility charges for airport security programs. It requires 
the FAA to study and report to Congress on whether certain air carrier 
security responsibilities should be transferred to or shared with 
airports or the Federal Government. This is just a few of the many 
safety and security related items that this legislation does.
  I do not think there is anybody who believes that the present airport 
security procedures are adequate. That is not a conclusion that I 
reach; it is the conclusion that every outside aviation expert makes. 
There have been many hearings in the House and the Senate regarding 
this. Mr. President, we have to move forward with these critical safety 
and security provisions now.
  Who should be responsible for airport security? I think it is very 
clear that it should not be the airlines. The bill requires the 
National Transportation Safety Board to take action to help families of 
victims following commercial aircraft accidents, as I pointed out 
earlier. How can anyone in this body wish to stop this legislation from 
going forward.
  Let me just read, since we are talking about labor unions, since that 
is what is holding up this bill. I have a letter which was addressed to 
me from the National Air Traffic Controllers Association, which is a 
member of the AFL-CIO.

       Dear Mr. Chairman: The National Air Traffic Controllers 
     Association (NATCA) supports the personnel reform language 
     contained within. * * * The Air Traffic Control system 
     continues to crumble and the safety of the system is in the 
     balance. Your bill provides the funding stream necessary to 
     modernize the system that is need of repair.
       [This bill] provides for continuation of collective 
     bargaining agreements, representational status for NATCA and 
     other unions and provides for the duty to bargain in good 
     faith. Your bill allows the employees who will have to live 
     and work under the new system the ability to develop the 
     system. Thank you for drafting a bill which will provide the 
     necessary reform to modernize the FAA and make it more 
     responsive to the users.

  Signed by Mike McNally, the executive vice president of the National 
Air Traffic Controllers Association.
  This flies in the face of what some segments of organized labor are 
trying to do today in derailing this critical aviation legislation. I 
was pleased to have the opportunity of working with the National Air 
Traffic Controllers Association and those dedicated and outstanding men 
and women who sometimes operate under conditions of the most severe 
stress imaginable.
  Here is a letter from the National Transportation Safety Board to 
Chairman Pressler. I will not read the whole letter. I ask unanimous 
consent that the letter, and the previous letter from the National Air 
Traffic Controllers Association, be printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                  National Air Traffic Controllers


                                     Association MEBA/AFL-CIO,

                                 Washington, DC, November 9, 1995.
     Hon. John McCain,
     U.S. Senate,
     Washington, DC.
       Dear Mr. Chairman: The National Air Traffic Controllers 
     Association (NATCA) supports the personnel reform language 
     contained within S. 1239. The association believes that 
     providing the exclusive bargaining representatives with full 
     bargaining rights over the development of a new personnel 
     system provides a fair platform that will benefit the agency, 
     the employees and ultimately the users of the air traffic 
     control system.
       We are aware of other efforts in substitution of S. 1239 
     and fear that these attempts, with all good intentions, may 
     further delay FAA Reform that is desperately

[[Page S11824]]

     needed at this time. The Air Traffic Control system continues 
     to crumble and the safety of the system is in the balance. 
     Your bill provides the funding stream necessary to modernize 
     the system that is in need of repair. We will be working with 
     hope that S. 1239 succeeds the mark up and are encouraging 
     the committee members to assist in this endeavor.
       NATCA applauds your efforts to reform the air traffic 
     control system. It has been a long in coming and it took your 
     leadership to finally make it a reality.
       Your bill provides the flexibility the FAA needs to meet 
     the demands of the 21st century while protecting the 
     interests of the men and women who operate the air traffic 
     control system. Union support provides for continuation of 
     collective bargaining agreements, representational status for 
     NATCA and other unions and provides for the duty to bargain 
     in good faith. Your bill allows the employees who will have 
     to live and work under the new system the ability to develop 
     the system.
       Thank you for drafting a bill which will provide the 
     necessary reform to modernize the FAA and make it more 
     responsive to the users.
           Respectfully,
                                                     Mike McNally,
     Executive Vice President.
                                                                    ____



                         National Transportation Safety Board,

                                 Washington, DC, November 8, 1995.
     Hon. Larry Pressler,
     Chairman, Committee on Commerce, Science, and Transportation, 
         U.S. Senate, Washington, DC.
       Dear Chairman Pressler: It is my understanding that 
     tomorrow the Senate Committee on Commerce, Science, and 
     Transportation will mark up S. 1239, the Air Traffic 
     Management System Performance Improvement Act of 1995. 
     Although the full Board has not taken a position on this 
     legislation, I did want to share my personal views with you.
       As Chairman of the National Transportation Safety Board, I 
     see on a daily basis the immense job the Federal Aviation 
     Administration has to accomplish. The competition for funds 
     during a period of tighter federal budgets, the need to 
     anticipate and justify future staffing requirements annually, 
     and the protracted process for procurement of new equipment, 
     are all factors that can degrade efficiency and affect the 
     ability of the system to respond to new demands and new 
     technology. I believe the reforms in S. 1239 remedy this 
     deficiency, without taking the aviation trust fund off 
     budget, and I hope the Commerce Committee will fully support 
     this bill.
       Many of the safety enhancing actions identified by the 
     Board in the past have required research, development, 
     procurement and installation programs that span several 
     years. Examples are Terminal Doppler Weather Radar, Airborne 
     Collision Avoidance Systems, airport surface surveillance and 
     conflict detection equipment. Many of these programs have 
     experienced development and installation schedule slippages. 
     So, too, has the FAA's air traffic control system 
     modernization programs. It is difficult for the Board to 
     determine the role of budget planning in these slippages; 
     however, it is obvious that the need to justify budgets and 
     establish priorities during this period when the Federal 
     government must tighten budgets could have an impact on 
     significant safety programs. This bill would ensure the 
     continuation of that funding in a fiscally responsible 
     manner.
       Mr. Chairman, we take great pride that America's aviation 
     industry is the safest in the World. Without a predictable 
     source of funds, there is the potential that new safety-
     related technical systems may be delayed, degrading that 
     safety. The FAA, the agency responsible for the 
     implementation and administration of these systems, believes 
     that this bill will greatly improve the prospects for the 
     acquisition of these critically important safety systems. I 
     concur in their judgement on this matter.
           Sincerely,
                                                         Jim Hall,
                                                         Chairman.

  Mr. McCAIN. I want to repeat what the National Transportation Safety 
Board is saying about this legislation, so the opponents, the ones who 
are trying to hold up this bill and perhaps derail it, understand what 
is at stake here. I want to repeat it so it is perfectly clear to my 
colleagues and to the American public who want this legislation to move 
forward.
  I quote from the letter to chairman Pressler from the National 
Transportation Safety Board:

       Without a predictable source of funds, there is the 
     potential that new safety-related technical systems may be 
     delayed, degrading that safety. The FAA, the agency 
     responsible for the implementation and administration of 
     these systems, believes that this bill will greatly improve 
     the prospects for the acquisition of these critically 
     important safety systems. I concur in their judgement on this 
     matter.

  Signed by J. Hall, the Chairman of the National Transportation Safety 
Board.
  I am not supporting this bill because I put in 2 years of hard work 
with Senator Ford, Senator Hollings, Senator Pressler, Senator Stevens, 
Linda Daschle, David Hinson, Secretary Pena, Jim Hall, the National Air 
Traffic Controllers Association, the Air Transport Association, the Air 
Freight Association, and people like my friend from North Dakota, 
Senator Dorgan, who has played such a key and important role in 
ensuring not only airline safety but also the access to airline service 
in smaller States. Few have been a stronger supporter of the Essential 
Air Service Program which remains a lifeline for many small 
communities. This bill has the funding tools in place that will be 
vital for financing this program in the future.
  I am not talking about all that. I have worked on other issues that 
took a long period of time and have failed. That has been sort of one 
of the difficulties I have had around here from time to time.
  What I am talking about is the safety and security of all Americans. 
If the Senator from Massachusetts, who I am sorry is not here on the 
floor, wants to lead the opposition, then the American people should 
know whose responsibility it is that we do not pass this legislation. 
What a small minority finds objectionable is a correction, a technical 
correction, to a drafting error which was contained in the Interstate 
Commerce Commission Termination Act of 1995 that was passed, that 
everybody recognized was written incorrectly. That is what we are 
talking about here. If we do not pass this legislation and get it done 
soon--in fact, by midnight tonight, in less than 14 hours--then 
critical funding will be cut off to airports across the country and our 
national air transportation system will expire. And I fear, frankly, 
for what can happen in the future and, frankly, I do not want to have 
that responsibility.
  Finally, I will probably be back on the floor on this issue. I 
strongly urge my colleague from Illinois, for whom I have the greatest 
respect and affection, I strongly urge my other colleagues to 
understand what is at stake here and for us to get this legislation 
done as quickly as possible and not worry about a small technical 
correction to a drafting error that is all that is involved here.
  So, I will be back--I hope not to be back on this issue. But I, like 
my colleague from Alaska, do not intend to allow the Senate to go out 
of session until we have this issue resolved, and will use every 
parliamentary method available to me to make sure that we address this 
bill and pass it.
  I have had a conversation with the distinguished majority leader on 
this issue. I know he shares my view of the importance and criticality 
of this legislation. I hold every hope and aspiration that we will have 
this issue resolved as quickly as possible.
  Again, expressing my deep appreciation to all of the individuals, all 
of the different entities that have been involved in shaping this 
legislation that took us over two years, I am not about to see it 
derailed at this point because of a minor objection that really has 
very little, if any, relevance to the importance of the bill.
  I yield the floor.
  Mrs. BOXER addressed the Chair.
  The PRESIDING OFFICER (Mrs. Hutchison). The Senator from California.
  Mrs. BOXER. Madam President, I ask unanimous consent to address the 
Senate for 3 minutes, to be followed by the Senator from North Dakota 
for 30 minutes.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mrs. BOXER. Thank you very much, Madam President.

                          ____________________