[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Pages S11864-S11866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FEDERAL AVIATION REAUTHORIZATION

  Mr. PRESSLER. Mr. President, it is critically important we finish the 
Federal aviation reauthorization legislation before the Senate 
adjourns. This legislation is vital to air service in my home State of 
South Dakota. For example, in my State of South Dakota, the FAA bill we 
are struggling to bring to closure doubles the size of the Essential 
Air Service Program to $50 million. This is particularly important to 
Brookings, Mitchell, and Yankton, SD. The Essential Air Service Program 
provides the only air service link these

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communities have to the national air service network.
  The FAA legislation also will make more Airport Improvement Program 
[AIP] funds available to small airports for safety-related repairs and 
improvements. For instance, under this legislation, the Sioux Falls 
Airport will receive an annual increase in AIP funds of at least 
$227,000. The Rapid City Airport will receive an annual increase of at 
least $170,000. The same is true for the Aberdeen Regional Airport and 
the Pierre Regional Airport which each will receive an increase in AIP 
funds of at least $100,000. AIP funds are the only source of money for 
safety-related repairs at these airports and that is one key reason why 
this legislation is so important to air service in my State.
  In addition, the FAA legislation addresses a widely held concern in 
my home State that air fares to small cities are too expensive. The 
bill directs the Secretary of Transportation to study why city air 
fares are so exorbitant and recommend what measures can be taken to 
make air travel to small cities more affordable.
  The FAA legislation contains many very important aviation safety 
measures. One such measure will ensure the flight service station in 
our capital city of Pierre will remain open. Constituents traveling to 
and from Pierre were very concerned that closing the flight service 
station would compromise safety at the Pierre Regional Airport. I am 
very pleased the provision I added to this legislation addresses this 
concern.
  Mr. President, there is a continuing struggle over one provision in 
this vitally important aviation safety and security legislation which 
is preventing it from being considered by the Senate. I commend the 
leadership on both sides of the aisle for trying to bring the FAA bill 
to closure. We cannot leave this city without finishing the FAA bill. 
It is one of the most important pieces of legislation in this Congress. 
The air service provisions in this legislation also make it one of the 
most important pieces of economic development legislation for South 
Dakota of this or any Congress.
  Mr. President, as chairman of the conference on H.R. 3539, The 
Federal Aviation Authorization Act of 1996, I again rise to urge my 
colleagues to permit the Senate to 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. Friday, 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, but I would like to focus my remarks on four main areas.
  First, aviation safety. 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 Airport Improvement Program [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 some members are 
troubled by one provision. 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. The Hollings amendment, which I strongly 
support, is not the partisan provision some have claimed 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

[[Page S11866]]

overwhelmingly passed the ICC Termination Act. With all due respect to 
those Members of the House, I authorized the ICC Termination Act and 
can unequivocally say they are dead wrong. The Hollings amendment is 
nothing more than a technical correction. In the ICC legislation, the 
Senate never intended to strip Federal Express or any person of rights 
without the benefit of a hearing, debate, or even discussion. Now, 
fairness dictates we correct that inadvertent 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.
  Today's debate should be about this truly historic piece of aviation 
legislation which reflects the outstanding work Congress does when it 
proceeds on a bipartisan basis. Unfortunately, I fear the debate 
regrettably will focus on 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, if this debate proceeds as 
I fear it may, the Senate will reinforce that perception.
  Some members of the American public watching this debate from the 
gallery of a 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 of 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 will be 
perfectly valid. 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 a historic aviation safety and security bill. Let's 
move beyond 5 lines in a 189-page bill. Let's get the job done for the 
American public. I urge that the Senate immediately take up for 
consideration the conference report to accompany H.R. 3539.
  Mr. President, earlier today I wrote the Vice President of the United 
States urging him to support swift and final passage of the conference 
report accompanying H.R. 3539. In that letter, I reminded the Vice 
President that two of the most important aviation security 
recommendations made by the White House Commission on Aviation Safety 
and Security--deployment of explosive detection devices at our Nation's 
airports and criminal background checks for baggage screeners--cannot 
be implemented without the statutory authorization to do so provided in 
this legislation. These important recommendations to enhance the 
security of air travel in the United States cannot wait until we 
reconvene next year. We must pass those two provisions before we 
adjourn. We must pass this legislation before we adjourn. I ask 
unanimous consent to have that letter printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                  U.S. Senate,    
                                   Committee on Commerce, Science,


                                            and Transportation

                                   Washington, September 30, 1996.
     Hon. Albert Gore, Jr.,
     Vice President of the United States,
     Washington, DC.
       Dear Mr. Vice President: As the Senate Majority Leader's 
     designee to the White House Commission on Aviation Safety and 
     Security, I am writing to urge you to actively support final 
     passage of the Conference Report accompanying H.R. 3539, the 
     Federal Aviation Reauthorization Act of 1996. As you know, 
     H.R. 3539 is a bipartisan, omnibus aviation safety and 
     security bill. It is vitally important the Conference Report 
     passes the Senate prior to adjournment.
       Based on a meeting with your staff, I understand several of 
     the Commission's recommendations require statutory authority 
     to be undertaken. Without such authorization, I was told 
     these recommendations to enhance our nation's aviation 
     security cannot be implemented. Specifically, I am referring 
     to statutory authority to deploy government purchased 
     explosive detection devices in our nation's airports and to 
     conduct criminal background checks on baggage screeners.
       The Conference Report to H.R. 3539 responds to the 
     Administration's request for statutory authority in these two 
     areas. Section 305(b) authorizes the deployment of explosive 
     detection devices and Section 304 permits criminal background 
     checks on baggage screeners. In addition, the legislation 
     embraces a number of other recommendations made by the 
     Commission which enjoy bipartisan support such as 
     comprehensive measures to improve the treatment of the 
     families of aviation disaster victims.
       Mr. Vice President, I hope you agree the Senate must 
     approve the Conference Report accompanying H.R. 3539 before 
     it adjourns. Otherwise, according to your staff, two of the 
     most important recommendations of the Commission--interim 
     deployment of government purchased explosive detection 
     devices and criminal background checks for baggage 
     screeners--cannot be implemented. We must not let that 
     happen.
       I look forward to working with you to ensure this 
     critically important aviation safety and security legislation 
     passes the Senate as soon as possible.
           Sincerely,
                                                   Larry Pressler,
                                                         Chairman.

  Mr. PRESSLER. Mr. President, I yield the floor.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Vermont.

                          ____________________