[Congressional Record Volume 145, Number 19 (Wednesday, February 3, 1999)]
[House]
[Pages H387-H389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           EXTENDING THE AVIATION WAR RISK INSURANCE PROGRAM

  Mr. SHUSTER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 98) to amend chapter 443 of title 49, United States Code, to 
extend the aviation war risk insurance program, as amended.
  The Clerk read as follows:

                                H.R. 98

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF INSURANCE PROGRAM.

       Section 44310 of title 49, United States Code, is amended 
     by striking ``March 31, 1999'' and inserting ``December 31, 
     2003''.

     SEC. 2. CENTENNIAL OF FLIGHT COMMISSION.

       (a) Membership.--
       (1) Appointment.--Section 4(a)(5) of the Centennial of 
     Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3487) 
     is amended by inserting ``, or his designee,'' after 
     ``prominence''.
       (2) Status.--Section 4 of such Act (112 Stat. 3487) is 
     amended by adding at the end the following:
       ``(g) Status.--The members of the Commission described in 
     paragraphs (1), (3), (4), and (5) of subsection (a) shall not 
     be considered to be officers or employees of the United 
     States.''.
       (b) Duties.--Section 5(a)(7) of such Act (112 Stat. 3488) 
     is amended to read as follows:
       ``(7) as a nonprimary purpose, publish popular and 
     scholarly works related to the history of aviation or the 
     anniversary of the centennial of powered flight.''.
       (c) Conflicts of Interest.--Section 6 of such Act (112 
     Stat. 3488-3489) is amended by adding at the end the 
     following:
       ``(e) Conflicts of Interest.--At its second business 
     meeting, the Commission shall adopt a policy to protect 
     against possible conflicts of interest involving its members 
     and employees. The Commission shall consult with the Office 
     of Government Ethics in the development of such a policy and 
     shall recognize the status accorded its members under section 
     4(g).''.
       (d) Executive Director.--The first sentence of section 7(a) 
     of such Act (112 Stat. 3489) is amended by striking the 
     period at the end and inserting the following: ``or 
     represented on the First Flight Centennial Advisory Board 
     under subparagraphs (A) through (E) of section 12(b)(1).''.
       (e) Exclusive Right to Name, Logos, Emblems, Seals, and 
     Marks.--
       (1) Use of funds.--Section 9(d) of such Act (112 Stat. 
     3490) is amended by striking the period at the end and 
     inserting the following: ``, except that the Commission may 
     transfer any portion of such funds that is in excess of the 
     funds necessary to carry out such duties to any Federal 
     agency or the National Air and Space Museum of the 
     Smithsonian Institution to be used for the sole purpose of 
     commemorating the history of aviation or the centennial of 
     powered flight.''.
       (2) Duties to be carried out by administrator of nasa.--
     Section 9 of such Act (112 Stat. 3490) is amended by adding 
     at the end the following:
       ``(f) Duties To Be Carried Out by Administrator of NASA.--
     The duties of the Commission under this section shall be 
     carried out by the Administrator of the National Aeronautics 
     and Space Administration, in consultation with the 
     Commission.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Shuster) and the gentleman from Illinois (Mr. 
Lipinski) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, in the last Congress the war risk insurance program 
was reauthorized only through March 31 of this year, so we must move 
quickly to reauthorize a program which has been operating successfully 
for over 47 years. This bill would reauthorize the war risk insurance 
program through December 31, 2003.
  It is essential that we do this because commercial insurance 
companies usually will not insure flights into high-risk areas, such as 
countries at war or on the verge of war. In many cases, the flights 
into these dangerous situations are required to further United States' 
foreign policy or national security objectives.
  Commercial airlines have been used in such operations as Desert 
Shield, Desert Storm, and other conflicts to ferry troops and 
equipment. Without this war risk program, the commercial airlines would 
not have flown these dangerous military flights.
  In addition, the provision has been added that amends the Centennial 
of Flight Commemoration Act as passed last year. This provision is a 
technical amendment that corrects deficiencies in the act. The 
provision cures minor technical deficiencies in the war risk insurance 
program. It is indeed a very important part of our military support 
system, and I strongly urge passage of this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. LIPINSKI. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 98, a bill to extend 
the Department of Transportation's aviation war risk insurance program. 
The war risk insurance program, which was created in 1951, has operated 
successfully to serve the foreign policy interests of the United States 
during the difficult times of war.
  Commercial insurance companies usually will not insure commercial 
airline flights to high-risk areas, such as countries at war or on the 
verge of war. The aviation war risk insurance program provides 
insurance to commercial airlines for such high-risk flights, which are 
often needed for national security reasons.
  For example, commercial air carriers have transported U.S. troops and 
supplies during the Vietnam War, the Persian Gulf War, and most 
recently, the deployment in Bosnia. In fact, since 1975, there have 
been over 5,000 flights covered by the war risk insurance program.
  The bill we are considering today under suspension of the rules, H.R. 
98, is a bill to extend the war risk insurance program for 5 years 
through the year 2003. This is truly a noncontroversial bill. Congress 
has routinely reauthorized the war risk insurance program in the past.
  The Omnibus Appropriations Act for fiscal year 1999 includes a 
reauthorization of the war risk insurance program, and even modified 
the program to ensure prompt payment to the airlines in the event of a 
crash. Unfortunately, the omnibus bill only authorized the war risk 
insurance program through March 31, 1999.
  I strongly urge my colleagues to support this noncontroversial bill 
to authorize the war risk insurance program through the year 2003. We 
cannot afford to let this program expire. The war risk insurance 
program has protected U.S. national security interests by addressing 
the high-risk insurance needs of commercial airlines.
  Without the war risk insurance program in place, commercial airlines 
will not be able to get insurance for high-risk flights and would be 
reluctant to fly into high-risk areas, even though it would be in the 
interests of U.S. foreign policy and national security needs.
  H.R. 98 has the bipartisan support of the Committee on Transportation 
and infrastructure. As an original cosponsor of the bill, I again 
strongly urge my colleagues to support it. The war risk

[[Page H388]]

insurance program has proved its outstanding value and deserves our 
prompt attention.
  Madam Speaker, I reserve the balance of my time.
  Mr. SHUSTER. Madam Speaker, I am pleased to yield 3 minutes to the 
gentleman from Tennessee (Mr. Duncan), the distinguished chairman of 
the Subcommittee on Aviation.
  Mr. DUNCAN. Madam Speaker, I thank the gentleman from Pennsylvania 
(Mr. Shuster), our outstanding chairman, for yielding me this time.
  As has been explained, this bill, H.R. 98, will reauthorize the war 
risk insurance program through December of the year 2003. We rarely 
hear about this important program, Madam Speaker, until a conflict 
arises such as the Gulf War or Bosnia, or when its authorization 
expires.
  However, the war risk insurance program is essential to the safety 
and security needs of our Nation. No airline will provide air service 
if its planes are not insured. Commercial insurance policies contain a 
provision stating that aircraft will not be covered if the aircraft 
flies into a war zone.
  The war risk insurance program provides insurance for commercial 
airlines to provide flights to high-risk areas. These flights are 
usually requested by our government agencies for services such as 
ferrying troops and supplies. With this insurance, commercial airlines 
are willing to take on these dangerous missions. Without this 
insurance, a key piece of our national security program is missing.
  The program is due to expire in March of this year. It is essential 
that we authorize this program to protect our Nation in times of need. 
This program has covered thousands and thousands of flights into war 
zones, and it is very, very necessary.
  In addition, Madam Speaker, we have a technical provision that has 
been added to this bill at the request of our friend, the gentleman 
from North Carolina (Mr. Jones). This technical correction corrects 
deficiencies in the Centennial of Flight Commemoration Act. This act 
was passed last Congress to establish a commission to assist in the 
commemoration of the centennial of powered flight and the achievements 
of the Wright Brothers. The added provision simply clarifies certain 
provisions of the bill, such as conflicts of interest, appointment of 
members, and defines certain nonprimary purposes of the commission.
  Due to the nature of this provision and the importance of the war 
risk insurance program, I strongly support this bill, and urge all my 
colleagues to do the same.

                              {time}  1100

  Mr. LIPINSKI. Madam Speaker, I yield as much time as he may consume 
to the gentleman from Minnesota (Mr. Oberstar), the ranking member of 
the Committee on Transportation and Infrastructure.
  Mr. OBERSTAR. Madam Speaker, I thank the ranking member for yielding 
me this time. I also rise in strong support of H.R. 98 to extend the 
War Risk Insurance Program.
  The years when I chaired the Subcommittee on Aviation, and prior to 
that the Subcommittee on Oversight and Investigations, we held 
extensive hearings on the subject of war risk insurance and the 
significance that it played in our national defense effort.
  It was clear that those who initiated this unique form of insurance 
in the early 1950s had a clear vision of what this country needed and 
how our Nation's air carriers, though small in number comparatively in 
1951, could play a significant role in our national defense effort.
  Today with a domestic fleet of well over 4,500 commercial aircraft, 
and probably 1,000 of those or so capable of international service, war 
risk insurance adds to our national military airlift capability, 
particularly those aircraft that are outfitted, that are especially 
adapted for the Civil Reserve Air Fleet Program with internal 
strengthening that allows those aircraft to carry heavier and more 
significant payloads of equipment as well as personnel.
  What the War Risk Insurance Program has meant for our military 
operations in far-flown parts of the globe is perhaps best highlighted 
by Operation Desert Storm in Kuwait and Iraq, when our domestic 
carriers flew some 5,000 missions into hostile territory.
  Without war risk insurance, those carriers would not have undertaken 
those flights. They would not have provided the service of bringing 
personnel and equipment faster than we could have done with only the 
Military Airlift Command of the U.S. military services.
  There is another element, though, of this War Risk Insurance Program 
that is so important. We loaded up U.S. carriers with equipment and 
especially personnel to fly them into either Saudi Arabia or into 
Kuwait during the months of Operation Desert Storm. But those aircraft 
then had to come back empty because they could not fly commercial 
passengers out of a hostile zone.
  Meanwhile, their competitors, other airlines of the Middle East 
region and European carriers, were flying loads into Europe or into the 
Middle East and flying passengers back to the United States that our 
carriers were not able to carry. So our carriers suffered a 
competitive, in effect, penalty for providing a great national service.
  If we did not have war risk insurance, those carriers would not have 
operated. They would have lost both ways. So I really feel very 
strongly about continuing this service.
  I think there are adjustments that need to be made for the benefit of 
domestic carriers when they are operating in hostile territory. This is 
not the bill. This is not the time to do it. But it is something where 
we need to look longer out into the future and to better serve the 
interests of U.S. carriers as they serve our national flag in time of 
national emergency.
  Meanwhile, continuation of this program is vital. If we extend it 
only till March 31 of this year, with continuing hostility in the 
Persian Gulf, clearly the service of domestic carriers will be needed 
again.
  We cannot allow this program to expire. I think the House should act 
today. The Senate should act promptly. The President ought to sign the 
bill into law and allow this program to continue serving the national 
interest as it has done so well for over 40 years.
  Mr. GARY MILLER of California. Madam Speaker, I rise in strong 
support of H.R. 98, the War Risk Insurance Program Extension;
  I wish to express my appreciation for the hard work of Chairman 
Shuster, Ranking Member Oberstar, Subcommittee Chairman Duncan, and 
Subcommittee Ranking Member Lipinski in crafting this legislation and 
getting it to the floor in an expeditious manner;
  This bill is highly important, especially when U.S. troops are still 
being deployed to various parts of the world;
  Commercial insurance companies usually do not insure commercial 
airline flights to high risk areas;
  To ensure that flights to high risk areas can operate when needed, 
Chapter 443 of Title 49 of the U.S. Code authorized the Secretary of 
Transportation to provide insurance and reinsurance to commercial 
airlines against any risks;
  The program has been reauthorized 12 times and is now scheduled to 
rexpire on March 31, 1999;
  This bill is a simple, non-controversial reauthorization for the 
program through December 2003;
  Many members of the U.S. military, both active and reserve, live in 
California's 41st Congressional District;
  When called upon to go overseas, they usually use March Air Reserve 
Base, located near my district, as a staging point for deployment;
  Commercial carriers are sometimes called upon to provide Boeing 747s 
and other wide bodied jets for such operations;
  We saw this clearly happen during Operation Desert Shield and Desert 
Storm;
  Passing the War Risk Insurance Program will allow these high risk 
flights to operate as needed;
  I urge my colleagues to pass H.R. 98 by unanimous consent.
  Mr. COSTELLO. Madam Speaker, I am pleased that the authorization of 
the War Risk Insurance program is one of the first pieces of 
legislation this Congress will consider. The War Risk Insurance Program 
is crucial to our aviation transportation system. Just like aircraft 
insurance is essential to any typical commercial domestic or 
international carrier, aircraft is also a necessity for flights to 
high-risk areas. Unfortunately, the private insurance market will often 
not insure flights to high-risk areas such as to countries at war. As 
such, in the interest of national security, it is critical the 
government provide insurance for carriers that must fly to unstable 
areas.
  Since 1975, there have been 5,000 flights covered by the program. 
During Operation

[[Page H389]]

Desert Shield and Desert Storm commercial airlines were needed to ferry 
troops and equipment to the Middle East. The war risk insurance fund 
has grown to over $70 million. We must ensure the solvency of this 
program in times of conflict. I am pleased we are taking swift and 
appropriate action to authorize this program before it expires on March 
31. I urge my colleagues to join me in supporting H.R. 98.
  Mr. SHUSTER. Madam Speaker, I have no further requests for time.
  Mr. LIPINSKI. Madam Speaker, once again I ask everyone to support 
this important piece of legislation, and I yield back the balance of my 
time.
  Mr. SHUSTER. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion 
offered by the gentleman from Pennsylvania (Mr. Shuster) that the House 
suspend the rules and pass the bill, H.R. 98, as amended.
  The question was taken.
  Mr. SHUSTER. Madam Speaker, on that, I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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